Case No. 12 of 2013. Case: Puri VIP Floors Owners Association Vs M/s. Puri Constructions Pvt. Ltd.. Competition Commision of India
| Case Number | Case No. 12 of 2013 |
| Counsel | For Appellant: Mr. Deepak Jaiswal and Mr. Gorav Kathuria |
| Judges | Ashok Chawla (Chairman), H.C. Gupta, Member (G), Geeta Gouri, Member (GG), Anurag Goel, Member (AG), M.L. Tayal, Member (T) and Shiv Narayan Dhingra, Member (D) |
| Issue | Competition Act, 2002 - Sections 19(1)(a), 19(4), 26(1), 26(2), 4, 4(2)(a) |
| Judgement Date | May 31, 2013 |
| Court | Competition Commision of India |
Order:
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The present information was filed by the informant against the Opposite Party (the OP) under section 19(1)(a) of the Competition, 2002 (hereinafter referred to as 'the Act') alleging that the OP abused its dominant position with regard to its residential project named as "VIP Floors" developed in Sector 81, Faridabad, Haryana. The Informant is a registered society of flat buyers, formed with the objective to protect the interests of the flat buyers in the above said project of the OP. The OP is a registered construction company engaged in the business of real estate development, construction of buildings and residential complexes, etc.
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The informant stated that the members of the Informant had booked floors in the above said Project launched by the OP in April 2009. It was alleged that the OP did not sign the Floor Buyers Agreement with the members of the Informant even after 4-5 months and in some cases even after 16-17 months of booking of the floors. The Informant also stated that the terms and conditions of the said agreement were one sided framed in favour of the OP against the interests of the Informant.
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The Informant alleged that clause no. 1.1 (a) - regarding description of the floor; clause no. 1.2 (c), (d), (f), (g), (h) - regarding sale price of floor; clause no. 5(a) - regarding alterations/modifications in the layout plans and designs; clause no. 9(b) - regarding representations and warranties of the floor allottee; clause no. 11(b); clause no. 12(a), (b) - regarding delay in payments; clause no. 13(a), (b) (ii) - regarding possession; clause 14(d) regarding procedure for taking possession; clause 15(a) - regarding compensation; clause 16(16.1) - regarding failure to take possession; clause no. 17(a) - regarding permitted use; clause 19.2(a), clause no. 26 - regarding entire agreement; clause no. 31(b) - regarding indemnification; clause no. 37 - regarding jurisdiction; clause no. 38 - regarding arbitration etc. of the Floor Buyers Agreement were heavily loaded in favour of the OP.
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The Informant also submitted that as per the terms and conditions of the Floor Buyers Agreement the areas allotted to its members by the OP were tentative and were subject to change till final measurements and certificate by its architect. Further, an increase in the Super Area of the Floor would make the allottee liable to pay further consideration for the increased area at the same rate as calculated for the floor's price on the...
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