DLF case: CCI modifies buyers agreement

Last Updated: Thu, Jan 03, 2013 19:15 hrs

New Delhi, Jan 3 (IBNS) The Competition Commission of India (CCI) on Thursday said it has modified the agreement between realty bellwether DLF Ltd and apartment buyers in its two projects as the previous pact was 'one sided, abusive and unfair to the allottees'.

Flat buyer associations of two DLF projects in Gurgaon- DLF Park Palace and The Belaire - had filed complaints with the CCI alleging delays in completion of the projects, increase in the number of floors than planned earlier and other things.

"The Competition Commission of India passed a supplementary order modifying the Apartment Buyers Agreement entered into between DLF and the apartment allottees," said the CCI in a statement.

"This order under Section 27 of the Competition Act, 2002 relates to the order of the Hon'ble Competition Appellate Tribunal of March 29, 2012, by which the Commission was directed to pass an order specifying the extent and manner in which the terms and conditions of the Apartment Buyer's Agreement need to be modified. This order has been passed under Section 27(d) of the Competition Act," it said.

The CCI said: "The Commission in its order after considering the modified terms of the Apartment Buyers Agreement submitted by both parties, has modified the terms of the Apartment Buyers Agreement in a manner which it considers fair and reasonable and takes into account the interest of both parties."

The Commission in its earlier order dated August 12, 2011 had held that DLF Ltd. was a dominant enterprise which had violated the provisions of Section 4 of the Competition Act 2002 by entering into an agreement with apartment allottees that was one sided, abusive and unfair to the allottees.

Accordingly the Apartment Buyers Agreement has been amended such that the abusive and unfair conditions present in the original one sided agreement have been removed.

"The Commission in its order has also considered the relevant provisions of the laws applicable to the development of group housing projects in Haryana, particularly the mandatory requirements which must be followed by every developer/builder, but which were not followed by DLF Ltd. in this case," said the CCI.

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