authorised vendors only. The
Commission further notes that through Clause 10.13(c) of the Dealership
Agreement, the OP has made it mandatory for the dealers ... Informant, all these
restrictions are enforced through threats of penalty.
5.9. The Commission observes that Clause 2.3 of the Dealership Agreement insist
dealers to sell
Neeraj Malhotra vs Deustche Post Bank Home Finance Ltd. & ... on 2 December, 2010
BEFORE
Shilpa vaid versus State Bank of India.
"Whether this clause is to be enforced in the present case or not is the
question before ... such clause which operates adversely to the consumer like
clause 4 has to be held as void and therefore not enforceable."
Jurisdiction of Competition
General Clause Act 1897
with regard to the effect of repeal.
43. Incidentally the Act was brought in force for enforcement on 20th ... accrued or incurred under any enactment so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in
respect of any offence committed against
Neeraj Malhotra vs Deustche Post Bank Home Finance Ltd. & ... on 2 December, 2010
COMPETITION
regards the alleged clause.
However, the DG recommended that the said clause may be removed from the agreements
as such a clause may be anti ... authorised dealers,
the DG found that TML has enforced the allocated territory clause and restricted the dealers
to their corresponding territories. The DG perused
said agreement, there is no provision to restrict discounts.
In fact, Clause 28.1 of the Dealership agreement specifically allows dealers of MSIL to
provide discounts ... Dealership Agreement. There is no clause in the
Dealership Agreement that allows MSIL to levy a penalty on dealers for providing
discounts higher than those
customers and in order to hide its
engagement and enforcement of Discount Control Policy, penalty was to be
paid in the name of "Swati ... submissions, has denied imposition of RPM and instead stated
that Clause 28.1 of the Dealership Agreement allows dealers to sell the
products at a price
compel the Informant to enforce 'lock-in-period' clause and consequent liquidated
damages clause occurring in Leave and License Agreement; preventing the Informant ... duty
and registration charges to the State exchequer; enforcing the 'lock-in-period' clause in the
Leave and License Agreement and refusal
Ref: Case No. 25/2010, 41/2010, ... vs .£33 U?" £~':S5=..Ig1"
