Thursday, 19 July 2012

Real Estate News No 25


Tribunal Asks CCI to Complete Proceedings in DLF Cases by September

NEW DELHI: The Competition Appellate Tribunal has asked the competition watchdog to complete proceedings in 3 cases against assets firm DLF by September 30, whereas refusing to permit the firm to use the contentious clauses in its agreement with patrons.

The tribunal on Wednesday directed the CompetitionCommission of India to submit its suggestions on modification of the allegedly abusive clauses, besides finishing all pending proceedings within the cases slapped by the patrons of Park Place, Belaire and Magnolia comes in Gurgaon.

Responding to a question from the firm, the tribunal clarified that the CCI's 'cease and desist' order would stay in place, implying that DLF cannot enforce or use the allegedly one-sided clauses with its existing or new customers.

The tribunal additionally asked DLF and also the patrons of Magnolia project to submit their version of the proposed changed clauses to the CCI by September-end, so all 3 cases may be taken up along within the next hearing scheduled for the start of October.

This was the tribunal's 1st hearing since Compat Chairman Justice Arijit Pasayat retired on May 9. The hearing occurred below Justice VS Sirpurkar, the new chairman, who is additionally heading the new bench.

The CCI had imposed Rs 630 crore penalty on DLF in August 2011 for alleged abuse of its dominant position and for one-sided contracts with patrons of Belaire and Park Place comes. It had additionally passed a 'cease and desist' order over unfair conditions imposed on the patrons of its flats.

The Compat stayed the order in November 2011, when DLF filed attractiveness against the CCI order.

The patrons of the 2 comes had filed a grievance with the CCI in could 2010. The grounds of the grievance were delay in possession and arbitrary changes within the building set up and structure by the builder. As an example, Belaire was to originally have 5 towers with 19 floors every however DLF later increased the quantity of floors to 29.

Harsh Sehgal, president of the Park Place Residents WelfareAssociation, told ET that although the CCI's 'cease and desist' is in place, DLF has been demanding interest on delayed payments from home patrons in these comes at the speed of 15%-18% and has been paying solely Rs 10 per sq ft for delays on its half solely to those that haven't delayed payments.

"We had earlier filed a contempt petition with the CCI that was heard on could fourteen and also the order on its still awaited," said Sehgal.

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