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DLF appeals COMPAT to set aside CCI order amending pact

CCI amended agreement between the realty major and flat buyers

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today moved the Competition Appellate Tribunal (COMPAT) challenging orders that amended agreement between the realty major and flat buyers.  

Requesting to set aside the supplementary orders passed last month by CCI relating to modification in sale agreement with flat buyers, DLF argued that the fair trade regulator was directed only to propose changes and not to pass a formal order.

As per the COMPAT's directions issued on March 29, 2011 and November 9, 2011, CCI was supposed to give only suggestions on buyers agreement, DLF said in its petition.

DLF's appeals were mentioned today by senior advocate before a COMPAT bench, headed by its Chairman Justice V S Sirpurkar, which directed it to list the matter on Monday for hearing.

On January 3, 2013, CCI had passed order amending flat buyers' agreement of DLF's Belaire. Later, it extended the modifications suggested by it to DLF's Park Place and Magnolia projects also through two separate orders on January 10.

COMPAT is hearing DLF's petition against Rs 630 crore penalty imposed by the CCI in August 2011 for abusing its dominant position in the real estate market.   

Last month, CCI had passed a 104-page supplementary order modifying terms and conditions of the buyers agreement for Belaire project of DLF.  

As per the CCI order, the apartment buyers agreement has been amended to remove the "abusive and unfair conditions present in the original one-sided agreement" and the modifications have been done taking into account the interest of both parties.   

The original order was passed by CCI on August 12, 2011 following its inquiries into complaints filed by flat buyer associations of two DLF projects in Gurgaon - DLF Park Palace and The Belaire - alleging delays in the project and increase in the number of floors than planned earlier, among others.

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