Further hearing
to April 22, 2013 onwards.
Flat buyers in a housing
project of DLF LTD, which is engaged in a long-running case against fair trade
regulator CCI (Competition Commission of India), have got interim relief as the
firm has agreed before a tribunal on not cancelling allotments due to
non-payment of charges during pendency of the case.
Magnolia, Park Place and
Belaire Projects...!
The Competition Appellate
Tribunal (COMPAT) has provided for this relief in an interim order passed by it
with regard to DLF Ltd's Magnolia project in Gurgaon near the national capital.
Similar directions have been earlier passed by the tribunal for DLF Ltd's 2 other projects, Park Place and Belaire.
The tribunal has also said
that any rights of the flat buyers, which might arise after disposal of the
case, would not be affected if they want to take possession of the houses after
making the outstanding payments demanded by DLF Ltd.
The firm has been charged by
the CCI of having indulged in anti-competitive practices and of abuse of its
dominant position.
Rs. 630 Crore Fine...!
CCI had imposed a fine of Rs.
630 crore on DLF Ltd in a case involving Park Place and Beliare projects, while
non-monetary sanctions were imposed in the Magnolia matter also.
DLF Ltd has challenged the
CCI orders before the COMPAT..
While hearing DLF Ltd's
appeal, a 3 member COMPAT bench also
heard the submissions made by the Magnolia Flat Owners' Associations
about their concerns and passed interim directions on April 2, 2013.
COMPAT Bench
Headed by Justice Mr. V. S. Sirpurkar said, "By
way of interim relief, we observe that those persons who want to make payment
of the rest of the charges demanded by the appellant, DLF Ltd may do so without
prejudice to their rights which are to be crystallized only after the appeal is
finally disposed of" .
DLF Ltd also gave an
undertaking that it would not cancel the allotment of the flat purchasers, who
wished not to pay the amount demanded by it, during the pendency of the case.
The COMPAT order said,
"DLF Ltd undertakes not to take any action such as cancellation of agreement(s)
in case the persons, who are not interested in making payments at present, do
not make any such payments during the pendency of the appeal"
The tribunal said that its
interim order should "allay the woes of the proposed flat owners to some
extent" and posted the matter for further hearing to April 22, 2013
onwards.
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