Case Nos. 21, 22 and 23 of 2014. Case: In Re: Himalaya Realestate Pvt. Ltd. Vs. Competition Commision of India
Case Number | Case Nos. 21, 22 and 23 of 2014 |
Counsel | For Appellant: J.M. Kalia, Aadil Ali and Eti Sinha Advocates |
Judges | Ashok Chawla, (Chairman), Anurag Goel, S.L. Bunker, Sudhir Mittal and Augustine Peter, Members |
Issue | Competition Laws |
Judgement Date | Wednesday July 02, 2014 |
Court | Competition Commision of India |
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Decision: 1. The present information(s) relate to same allegations against the OP filed by 3 different set of informants u/s. 19(1)(a) of the Act. Briefly, the case pertains to alleged abuse of dominant position under section 4 of the Act by OP with respect to its residential project in Greater Noida, UP. Since the matters pertain to same allegations, they are hereby clubbed and disposed off through a common order. 2. Briefly, OP, a real estate company incorporated under the Companies Act, floated a brochures for offering booking of flats in its residential project namely Himalaya Pride in Greater Noida West, UP ('the Project'), comprising of 2/3 bedroom apartments. Through the brochure circulated by OP, flats of four different super areas in Tower A & B were offered in the said Project. Relying on the representations made by OP in its various advertisements, the informants booked a flat each in OP's Project by opting construction linked plan ('CLP') on 28.09.2012 through an application cum registration form. 3. The informants submitted that at the time of booking, it was represented that there would be 14 floors in each tower 'A' & 'B' and accordingly a CLP was designed to ensure payment by informants spread evenly throughout the construction of the towers. It was also mentioned in the brochure (application cum registration form) that 18% interest would be charged on delayed payment on part of the allottees. However, it was submitted, that subsequently the informants received another application-cum-registration form dated 04.03.2013... |
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