Shivang Agarwal & Anr. v. Supertech Ltd. Noida.
Case brief
What is this about?
The Competition Commission of India considered an information regarding discriminatory pricing and cancellation of bookings by a real estate developer. The judge held a prima facie case of abuse of dominance and anti-competitive agreements arose, warranting an investigation by the Director General.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COMPETITION COMMISSION OF INDIA
Case No. 28/2012
- October, 2012
Shivang Agarwal 8 Anr. Vs.
Informants
Supertech Ltd. Noida
Opposite Party
ORDER UNDER SECTION 26(1) OF THE COMPETITION ACT, 2002
As per R.PrasadJelltll1
- The present information was filed under section 19(1) of the Competition Act, 2002 (the Act) by Shivang Agarwal and Shubharn Agarwal (together referred to as 'the informants') against Supertech Ltd., Noida (opposite party). The informants submit that they booked one flat each measuring 930 sq. ft. QRs. 2890/- per sq. ft., in Supertech Cape Town project in Sector 74, Noida on payment on Rs. 51,000/- through cheques dated 22.11.2010, respectively. The informants were allotted flat No. R026CV21604 and R026CV21605 respectively.
- The informants further submitted that they were informed that no preferential location charges would be levied on flats on the12th floor and above. The informants accordingly opted for the same. The informants had booked the flats on the16t1i floor of the project. The opposite party raised demand letters on various dates for payment which included preferential location charges @ Rs. 50!per sq.ft. in case of flat no. R026CV21605, contrary to the stipulated terms and
Issues for consideration
3 issues framed by the court
Whether the practices of real estate developers in importing unfair terms constitute abuse of dominance.
Whether such unfair agreement practices create an adverse effect on competition in India.
Whether the memorandums of understanding act as agreements in restraint of trade under the Act.
Parties & counsel
- petitioner
Shivang Agarwal and Anr.
- respondent
Supertech Ltd., Noida
Coram
P. Prasad
Case details
As recorded by the court registry
- Court
- CCI
- Decided on
- · October
- Case no.
- 28/2012
- Topic
- Cheating and Forgery
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