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DLF appeals COMPAT to set aside CCI order amending pact

Real estate firm claims competition watchdog was directed only to propose changes and not pass a formal order
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First Published: Thu, Feb 07 2013. 10 43 PM IST
On 3 January 2013, CCI had passed an order amending flat buyers’ agreement of DLF’s Belaire. Photo: Mint
On 3 January 2013, CCI had passed an order amending flat buyers’ agreement of DLF’s Belaire. Photo: Mint
New Delhi: DLF on Thursday moved the Competition Appellate Tribunal (COMPAT) challenging Competition Commission of India (CCI) orders that amended agreement between the realty major and flat buyers.
Requesting COMPAT to set aside the supplementary orders passed last month by CCI relating to modification in sale agreement with flat buyers, DLF argued that the fair trade regulator was directed only to propose changes and not to pass a formal order.
As per the COMPAT’s directions issued on 29 March and 9 November 2011, CCI was supposed to give only suggestions on buyers agreement, DLF said in its petition.
DLF’s appeals were mentioned on Thursday by senior advocate Harish Salve before a COMPAT bench, headed by its chairman Justice VS Sirpurkar, which directed it to list the matter on Monday for hearing.
On 3 January 2013, CCI had passed order amending flat buyers’ agreement of DLF’s Belaire. Later, it extended the modifications to DLF’s Park Place and Magnolia projects also through two separate orders on 10 January. COMPAT is hearing DLF’s petition against Rs.630 crore penalty imposed by the CCI in August 2011 for abusing its dominant position in the real estate market.
Last month, CCI had passed a 104-page supplementary order modifying terms and conditions of the buyers agreement for Belaire project of DLF
As per the CCI order, the apartment buyers agreement has been amended to remove the “abusive and unfair conditions present in the original one-sided agreement” and the modifications have been done taking into account the interest of both parties.
The original order was passed by CCI on 12 August 2011 following its inquiries into complaints filed by flat buyer associations of two DLF projects in Gurgaon—DLF Park Palace and The Belaire—alleging delays in the project and increase in the number of floors than planned earlier, among others.
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First Published: Thu, Feb 07 2013. 10 43 PM IST
More Topics: DLF | DLF Park Palace | The Belaire | COMPAT | CCI |
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