Case No. 33 of 2015. Case: Hardev Singh Vs S.M.V. Agencies Pvt. Ltd. and Ors.. Competition Commision of India
| Case Number | Case No. 33 of 2015 |
| Counsel | For Appellant: Harsh Ahuja, Advocate |
| Judges | Ashok Chawla, Chairperson, S.L. Bunker, Sudhir Mital, Augustine Peter, U.C. Nahta and M.S. Sahoo, Members |
| Issue | Competition Act, 2002 - Sections 19, 19(1)(a), 26(2), 4, 4(2)(a)(i) |
| Judgement Date | September 09, 2015 |
| Court | Competition Commision of India |
Order:
Order under Section 26(2) of the Competition Act, 2002
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The present information has been filed under section 19(1)(a) of the Competition Act, 2002 (the 'Act') by Shri Hardev Singh (hereinafter referred to as the 'Informant') against S.M.V. Agencies Pvt. Ltd., (OP 1), Shri Surya Kanth Jaipuria (OP 2), Smt. Manju Jaipuria (OP 3), Shri Vaibhav Jaipuria (OP 4), Ms. Sripriya Jaipuria (OP 5), Shri Pratha Sarathi Kumar (OP 6) and Shri Arun Kumar Agarwal (OP 7) alleging, inter-alia, contravention of the provisions of section 4 of the Act.
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Facts of the case may be briefly noted:
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As per the Information, OP 1 is a division of the 'Jaipuria Group' and is engaged in the business of real estate development. OP 2 to OP 7 are stated to be the Directors of OP 1.
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It is submitted that the Informant had booked a plot admeasuring 200 square yards on 19.08.2006 @ Rs. 7200/- per square yard for a total cost of Rs. 14,40,000/- in a housing project being developed by OP 1 by the name of 'Jaipuria Sunrise Greens' (hereinafter referred to as the "Project") in Ghaziabad, U.P.
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It is stated that OP provisionally allotted a unit No. D-151 on 27.11.2006 in the said project and had assured that the final allotment and possession would be made by December 2008. It is submitted that the Informant had deposited nearly 94% of the amount towards the total cost of the said plot till 16.11.2011.
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It is alleged that OP 1 subsequently changed the provisional allotment of plot No. D-151 to D-176 and then again to C-286. Further, the area of plot is also alleged to have been reduced from 200 square yards to 180 square yards despite objections raised by the Informant in this regard.
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The Informant has averred that no construction work was started by OP 1 in the Project till 20.01.2010 i.e., even after four years from the date of booking of the said plot. OP 1 and its officials did not give any satisfactory response. The Informant has further alleged that OP 1, deviating from its commitment given at the time of booking, did not provide 45 meter wide link connectivity road from National Highway 24 to the Project.
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It is submitted that an FIR was lodged on 18.11.2010 by the Informant with the Economic Offences Wing (E.O.W.) under different sections of Indian Penal Code (IPC) against OPs for not commencing the construction work in the Project. OP 1 is stated to have given assurance for the commencement of the construction work at the site and also to resolve the...
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