SC to hear DLF appeal over Rs.630 crore penalty in February

The Supreme Court Wednesday said it will hear Feb 11 the appeal by real estate giant DLF, challenging the imposition of Rs.630 crore penalty by the Competition Commission of India (CCI) for allegedly exploiting its dominant position to the disadvantage of its customers in three apartment projects in Gurgaon.

The bench of Justice Sudhansu Jyoti Mukhopadhaya and Justice N.V. Ramana were told by DLF that it was complying with its Nov 28, 2014 order to deposit the balance of the penalty amount in installments of Rs.75 crore, starting Jan 15 till the penalty was cleared.

DLF has already deposited Rs.150 crore with the apex court registry and the balance of Rs.480 crore would be deposited in installments every month.

The court will also decide the jurisdiction of CCI and whether the matter should have been dealt with by the National Consumer Disputes Redressal Commission.

DLF has assailed the CCI order, saying the commission could not have imposed penalty based on the three-year average of the entire turnover of DLF's real estate operations in the country.

The CCI has taken a stand that DLF used its dominant position to the disadvantage of the flat allottees.

"It is an exploitation of disadvantaged customers who were trapped," CCI had told the court in an earlier hearing.