Case No. 31 of 2015. Case: Aayush Garg Vs K.D.P. Infrastructure Private Ltd. and Ors.. Competition Commision of India

Case NumberCase No. 31 of 2015
CounselFor Appellant: Chatanya Siddharth, Advocate
JudgesAshok Chawla, Chairperson, S.L. Bunker, Sudhir Mital, Augustine Peter, U.C. Nahta and M.S. Sahoo, Members
IssueCompetition Act, 2002 - Sections 19(1)(a), 26(2), 4
Judgement DateJune 04, 2015
CourtCompetition Commision of India

Order:

Under section 26(2) of the Competition Act, 2002

  1. The present information has been filed by Shri Aayush Garg (hereinafter referred to as the 'Informant') against KDP Infrastructure Pvt. Ltd. (hereinafter referred to as "OP-1"), Shri K.K. Goel, Chairman, KDP Infrastructure Pvt. Ltd. (hereinafter referred to as "OP-2"), Shri Anuj Goel, Executive Director, KDP Infrastructure Pvt. Ltd. (hereinafter referred to as "OP-3") and Shri Tanuj Goel, Executive Director, KDP Infrastructure Pvt. Ltd. (hereinafter referred to as "OP-4") under section 19(1)(a) of the Competition Act, 2002 (the "Act") alleging, inter alia, contravention of the provisions of section 4 of the Act.

  2. Facts of the case may be briefly noted:

    2.1 As per the information, the Informant has purchased a 3 BHK flat of 1550 sq. ft. area in the project 'KDP Grand Savanna' being developed by OP-1 at Raj Nagar Extension on 14.10.2011 and paid a total sum of Rs. 34,66,540/- out of the total cost of the flat i.e. Rs. 36,48,800/- in 2011 itself.

    2.2 The Informant alleged that OP-1 accepted the initial payment from the Informant without providing terms & conditions in writing and only oral assurance was given regarding the date of possession of the flat. On 14.10.2011, OP-1 provided allotment letter to the Informant whereupon the Informant found that it was contrary to oral assurance, one sided, unilateral, arbitrary and unfair.

    2.3 It is further alleged that the flat was supposed to be handed over by December 2012, but OP-1 has not provided it till the date of filing of the information. OP-1 conveyed vide letter dated 25.06.2013 that the possession of the said flat would be given to the Informant by March 2014. Thereafter, the Informant visited the site of the project and found that the construction work has been stopped on the site since long. Hence, it has been alleged that OP-1 has cheated the Informant by accepting the amount of the flat without completing the construction. Due to non-delivery of possession of the flat, the Informant is compelled to stay in rented accommodation and facing financial losses because of rent and extra interest payment against the loan, which has been availed from Axis Bank for payment of the flat. A legal notice dated 11.02.2015 is stated to have been served by the counsel of the Informant to OP-1, but no response was sent by OP-1.

    2.4 Based on the above information and allegations, the Informant has prayed, inter alia, for initiating action against...

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