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Judgment
SHRI Ravi Senghera and SHRI Kuldip Senghera of NOIDA have filed a complaint against the NOIDA Gold Club, NOIDA and its General Manager alleging indulgence in restrictive trade practices on the part of the latter.
FROM the complaint, it appears that the grievance of the complainants mainly relates to the charge that the respondents charged membership fee from them in US dollars and not in Indian rupees as in the case of other members. The complainants were accepted as members of the Club in 1993 on payment of US $ 1560 and US $ 1310 respectively. The petition of the complainants dated 28th August, 1997 that they should be charged membership fee in Indian rupees was agreed to by the Chairman of the NOIDA Golf Club and they are now being charged the monthly subscription and Golf fee in Indian rupees. According to the complainants, the respondents are illegally demanding the arrear fees from 1993 till 13.9.1997 in US dollars and have threatened to terminate their membership if the dues were not cleared. We gave a hearing to Mr. Bahar U. Barqui, Advocate for the complainants regarding the admissibility of the Petition on 18th November, 1998.
From the letter dated 28th August, 1997 of Shri Ravi Senghera, one of the complainants addressed to the Chairman of NOIDA Golf Club which is annexed to the complaint, it transpires that his membership of the Golf Club has been "type classified as NRI membership". In this letter, the complainant has contended that NRI members running active industries in NOIDA should be exempted from paying subscription in dollars and "should be treated as special case and allowed to pay in rupees the same subscription as paid by Indian resident members". Again from the letter dated 3rd June, 1998 written by both the complainants to the CEO of the NOIDA Golf Club which is also annexed to the complaint, it appears that the complainants were being treated as overseas members and the respondents agreed to treat the complainants as Indian members w.e.f. 1st October, 1997. This letter also indicates that the grievance of the complainants is that this decision has not been back-dated to be effective from the beginning of their membership and was only prospective from 1st October, 1997.
FROM what is stated above, it would appear that there are different types of membership in NOIDA Gold Club. Admittedly, the complainants were treated as NRI members or overseas members and they had made initial payment in US dollars. Their subsequent representation to treat them at par with other Indian members in view of certain special circumstances was accepted by the respondents and given effect to. Relevant documents like the membership regulations, the original agreement between the Club and the complainants have not been annexed to the complaint. The Advocate appearing for the respondents could not throw more light in the matter, It is relevant to point out that the complaint came up for hearing on 11th November, 1998 and on the request of the Advocate for the complainants, the complaint was posted again for hearing on 18th November, 1998. We are of the view that no prima facie case of either restrictive trade practice falling within the definition of Section 2(o)(ii) of the Monopolies and Restrictive Trade Practices Act, 1969 or of unfair trade practice on the part of the respondents based on any misrepresentation has been made out. Under these circumstances, the complaint is not maintainable and, therefore, is rejected. Complaint dismissed.