Case No. 22/2012. Case: Dr. Deepa Narula C/o Mr. Prashant Narula B-1/602 A, Janak Puri New Delhi-110 058 Vs Taneja Developers and Infrastructure Ltd. 9, Kasturba Gandhi Marg New Delhi-110 001. Competition Commision of India
| Case Number | Case No. 22/2012 |
| Judges | Ashok Chawla (Chairman), H.C. Gupta, Member (G), Dr. Geeta Gouri, Member (GG), Anurag Goel, Member (AG), M.L. Tayal, Member (T), Shiv Narayan Dhingra, Member (D) |
| Issue | Competition Act, 2002 - Sections 3(1), 3(2), 4, 4(1), 4(2)(C) |
| Judgement Date | September 06, 2012 |
| Court | Competition Commision of India |
Order:
R. Prasad (Dissenting)
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The instant information has been filed by Dr. Deepa Narula (Informant) u/s 19(1) (a) of the Competition Act, 2002 ('the Act') against M/s. Taneja Developers and Infrastructures Ltd. (Opposite Party). The main grievance of the informants is that the opposite party failed to fulfill its obligation by not handing over the possession as promised in time and therefore, violated section 4 of the Competition Act, 2002 (the Act) by abusing its dominant position. As per the information, the informant is a Non Resident Indian, currently residing in New Delhi. The Opposite Party is a real estate developer engaged in the business of developing and selling residential and commercial properties having its registered office at New Delhi. The informant submitted that relying upon the assurance of the OP to deliver the property within the time bound manner, Informant on 12-04-2006, booked a commercial plot measuring 204 Sq. yards at a price of rupees 29,500/- per Sq. yards in an upcoming real estate project of the OP named as TDI City Mohali. The informant complied with all the demand notices from the OP and made a total payment of Rs. 18,05,400/- till May 2008 against the booking of the plot. The OP had accepted bookings/advance amounts against the said project even though it was still on paper and the necessary approvals for the same had not yet been received. Though an amount of Rs. 12 Lakhs was taken from the informant in April 2006, it was only in January 2008, the approval of TDI City Mohali from the Punjab Government was received. Informant had not been allotted any plot by the OP developer till now even after six years from the date of booking.
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Informant alleged that OP abused its dominant position in the relevant market of Mohali by withholding informant's deposited money and not providing any information regarding development of the project. At the time of booking, OP was the sole developer with unique plan of developing a residential cum commercial project in Mohali. In April 2006 it had assured the Informant to handover possession within 3 years and thereafter, gave a fresh commitment of completion within another 2 years from the date of bhoomi poojan i.e. 22nd January, 2008 but there was no sign of completion of the project even after elapse of further four years since then.
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The Informant also averred that a person desirous of booking a plot with the Opposite Party was required to accept the onerous and...
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