Competition Appellate Tribunal asks CCI to complete proceedings in DLF cases by September, 2012


The Competition Appellate Tribunal (COMPAT) has asked the competition watchdog CCI (Competition Commission of India) to complete proceedings in 3 cases against real estate company DLF Ltd by September 30, 2012 while refusing to allow the company to use the contentious clauses in its agreement with buyers.
Park Place, Belaire and Magnolia projects..!
The COMPAT on recently directed the CCI to submit its suggestions on modification of the allegedly abusive clauses, besides completing all pending proceedings in the cases slapped by the buyers of Park Place, Belaire and Magnolia projects in Gurgaon.
Responding to a query from the company DLF Ltd, the tribunal clarified that the CCI's 'cease and desist' order would remain in place, implying that DLF Ltd can not enforce or use the allegedly one sided clauses with its existing / new customers.
The tribunal also asked DLF Ltd and the buyers of Magnolia project to submit their version of the proposed modified clauses to the CCI by 2012 - September end, so that all 3 cases can be taken up together in the next hearing scheduled for the beginning of October, 2012
This was the tribunal's first hearing since Compatchairman Justice Mr. Arijit Pasayat retired on May 9, 2012.  The hearing took place under Justice Mr.V.S Sirpurkar, the new chairman, who is also heading the new bench.
Rs. 630 Crore Fine ..!
The CCI had imposed about Rs. 630 crore fine on DLF Ltd in August 2011 for alleged abuse of its dominant position and for one sided contracts with buyers of Belaire and Park Place projects. It had also passed a 'cease and desist' order over unfair conditions imposed on the buyers of its flats.
The COMPAT stayed the order in November 2011, after DLF Ltd filed an appeal against the CCI order.
The buyers of the 2 projects had filed a complaint with the CCI in May 2010. The grounds of the complaint were delay in possession &  arbitrary changes in the building plan & structure by the builder. For instance, Belaire was to originally have 5 towers with 19 floors each. But DLF Ltd later increased the number of floors to 29.
Mr. Harsh Sehgal, President, Park Place Residents Welfare Association, said, ''That even though the CCI's 'cease & desist' is in place, DLF Ltd has been demanding interest on delayed payments from house buyers in these projects at the rate of 15% to 18% and has been paying only Rs. 10 per square feet for delays on its part only to those who have not delayed payments. We had earlier filed a contempt petition with the CCI which was heard on May 14, 2012 and the order on it is still awaited"
Source: ET
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