Saturday, September 20, 2014

Competition Commission of India order imposing penalty of Rs.630 crore on DLF upheld by COMPAT, Supreme Court admits DLF’s appeal subject to DLF depositing penalty amount

In 2011 (12th August 2011), on a petition by flat buyer associations of two DLF projects in Gurgaon — DLF Park Palace and The Belaire, the Competition Commission of India (CCI) found DLF abusing its dominant position and imposed a penalty of Rs.630 crore on DLF and asked it to modify apartment buyers’ agreement. DLF challenged CCI’s order in the Competition Appellate Tribunal (Compat) and got a stay order on the penalty. On 19th May 2014, Compat finally dismissed DLF’s appeal. DLF then filed appeal before Supreme Court which came up for hearing on 27th August 2014 before a bench of Justice Ranjana Desai and N.V.Ramana. The appeal numbers are Civil Appeal No.6328/2014, 6481/2014 and 6487/2014. The Court admitted DLF’s appeal subject to DLF depositing the penalty amount of Rs.630 crore within 3 months, out of which Rs.50 crore are to be deposited within three weeks. Experts feel that these orders will encourage more buyers to stand up against real estate developers in a market where delays in delivery, along with loopholes in buyer-developer agreements, are rampant. Click below to read the COMPAT’s order.


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