Expressing concerns
over difficulties faced by flat buyers in 2 DLF projects due to a long-pending
anti-competition case, the Competition Appellate Tribunal (COMPAT) has
said payments made for possession of the flats would not adversely impact their
rights after a final order.
"The dispute
between the Residents' Welfare Associations in respect of the DLF Park Place
and in respect of The Belaire Schemes of DLF Ltd has been pending since at
least above two and half years.
"It is a common
ground that, owing to this dispute, number of persons, who had entered into the
agreement of sale with DLF Ltd, have not been able to get the possession,"
the Tribunal said in an order, while disposing of DLF Ltd's appeal for an
interim stay on CCI's (competition commission of India) supplementary orders
regarding changes in Flat Buyers Agreement.
The Tribunal said
that the CCI's supplementary orders were anyway non-binding at the current
juncture & were rather in the nature of suggestions and therefore the
question of granting any interim stay against them did not arise.
With regard to the
interests of flat buyers, the Tribunal in its order dated February 12, 2013
said that it has been told about people not getting possession in spite of
payment of 95% of the total consideration.
The DLF Ltd counsel
further informed the Tribunal that "if the payments as demanded are made,
those payments could be without prejudice to the rights of those persons who
wanted to take possession after making the payments."
The Tribunal said.
"We, therefore, clarify that if the proposed owners choose to make the
payments as demanded by DLF Ltd and get the possession, then those payments
would be without prejudice to their rights in the main appeal"
When enquired about
DLF Ltd making payment demands for giving possession, its counsel told the
Tribunal that any non-payment of demands raised to customers would not lead to
allotment being cancelled at least till the final results of DLF's appeal
against the main CCI order of August 2011, wherein a fine of Rs. 630 crore has
been imposed on the DLF Ltd.
On allegations made
by flat owners that DLF Ltd was demanding "unreasonable sums" for
giving possession, the tribunal said, "It is not for us to go into that
aspect in these appeals at this juncture".
With regard to appeal
against CCI's supplementary orders suggesting changes in flat buyers agreement,
the Tribunal said these orders would not be operational, as the regulator
itself has said that it would be subject to COMPAT's final order.
On January 3, 2013, CCI
had passed order amending flat buyer's agreement of DLF's Belaire. Later, it
extended the modifications suggested by it to DLF's Park Place and Magnolia
projects also through two separate orders on January 10, 2013
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