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HindustanTimes Fri,18 Apr 2014

Apartment buyers agreement in DLF case modified

UNI  New Delhi, January 03, 2013
First Published: 18:28 IST(3/1/2013) | Last Updated: 18:37 IST(3/1/2013)

The Competition Commission of India (CCI) today modified the Apartment Buyers agreement between DLF and apartment allottees, taking into account the interest of both parties and removing the 'abusive and unfair' conditions present in the original 'one-sided pact' which favoured DLF.

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An official spokesperson said the supplementary order passed by the CCI under Section 27 of the Competition Act, 2002, modifies the agreement entered into between DLF and apartment allottees and relates to the order of the Competition Appellate Tribunal of March 29, 2012.

The Tribunal had directed the Commission to pass an order specifying the extent and manner in which the terms and conditions of the apartment buyer's agreement needed to be modified.

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

The Commission had, in its earlier August 12, 2011, order 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 agreement had been amended such that the "abusive and unfair conditions present in the original one-sided agreement have been removed."

The Commission in its order 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.

The order of the Commission has been passed in case number 19 of 2010.

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