India's largest real estate company DLF has appealed to the COMPAT (Competition Appellate Tribunal ) challenging the order by CCI (Competition Commission of India) to pay a Rs 630-crore fine for “abuse” of its dominant market position in India’s real estate business.
DLF had started the process related to the move, and would officially be moving the apex tribunal on two days ago.
The Delhi based company had prepared a document, totalling about 350 pages, which mainly argues on 3 major areas. The first one is seeking relevant market share in the NCR (National Capital Region) instead of narrowing it down to just Gurgaon. The company has reservations also about the way dominance was calculated..
DLF claims that most of the complaints were from investors. It also argues that the CCI should have sent a show-cause notice to the company before imposing the penalty. The appeal also said DLF was not selling a service or a good; thus it could not be covered by the CCI. Harish Salve is contesting the case for DLF.
Sources claim the company has made a rebuttal and filed 3 annexures with the 2009-constituted Compat.
Two flat owners’ associations have already received the appeal copy, as they had filed a caveat with the COMPAT last week requesting it not to decide on case concerning DLF without giving them a chance of hearing. Caveat is something a party in a legal case files before a judicial forum to ensure that an order is passed only after it called for hearing.
Src: BS
DLF had started the process related to the move, and would officially be moving the apex tribunal on two days ago.
The Delhi based company had prepared a document, totalling about 350 pages, which mainly argues on 3 major areas. The first one is seeking relevant market share in the NCR (National Capital Region) instead of narrowing it down to just Gurgaon. The company has reservations also about the way dominance was calculated..
DLF claims that most of the complaints were from investors. It also argues that the CCI should have sent a show-cause notice to the company before imposing the penalty. The appeal also said DLF was not selling a service or a good; thus it could not be covered by the CCI. Harish Salve is contesting the case for DLF.
Sources claim the company has made a rebuttal and filed 3 annexures with the 2009-constituted Compat.
Two flat owners’ associations have already received the appeal copy, as they had filed a caveat with the COMPAT last week requesting it not to decide on case concerning DLF without giving them a chance of hearing. Caveat is something a party in a legal case files before a judicial forum to ensure that an order is passed only after it called for hearing.
Src: BS
