Sanjay Kumar Gupta v. Dlf Ltd.
Case brief
What is this about?
The Competition Commission examined an information alleging abuse of dominant position by DLF Ltd. regarding apartment bookings and interest charges. Finding the dispute centered on payment disputes without a competition issue, the Commission found no prima facie case.
What did the court decide?
The Commission closed the proceedings as it found no prima facie case under Section 4 of the Act and the matter is fit for closure.
What the court decided
COMPETITION COMMISSION OF INDIA
Case No. 31/2012
Dated : 03/ 01 /2012
| **IN THE MATTER OF: ** | |
|---|---|
| Sanjay Kumar Gupta | … Informant |
| V. | |
| DLF Ltd. | … Opposite Party |
ORDER UNDER SECTION 26(2) OF THE COMPETITION ACT, 2002
The present information was filed by Shri Sanjay Kumar Gupta (‘the informant’), under section 19(1)(a) of the Competition Act, 2002 (‘the Act’) against DLF Ltd., DLF IT Park, Ground Floor Tower B, 8 Major Arterical Road, Block A.F., New Town Rajarhat, Kolkata having its registered office at DLF Shopping Mall, 3rd floor, Arjun Marg, DLF City Phase-I, Gurgaon (referred to as ‘the opposite party’), for alleged violation of section 4 of the Competition Act.
- The informant submitted that he booked two residential apartments in the opposite party’s project titled ‘NEW TOWN HEIGHTS’ DLF Rajarhat, Kolkata, after paying an amount of Rs. 3,00,000/- for each flat. The opposite party allotted apartment nos. NRA-114 and NRB-011 vide allotment letter nos. DLF/CS/S05039/NRA114/1 dated 16.01.2008 and DLF/CS/S05039/NRA011/1 dated 12.01.2008.
- The informant alleged that even after making payments to the opposite party as and when demanded, the opposite party threatened to cancel the bookings, for which the informant initiated criminal proceedings and wrote a complaint to the Joint
Issues for consideration
2 issues framed by the court
Whether the cancellation of apartment bookings and demand of heavy interest constitute an abuse of dominant position under section 4 of the Competition Act.
Whether there is a prima facie case against the opposite party under section 4 of the Act warranting investigation.
Parties & counsel
- petitioner
Sanjay Kumar Gupta
- respondent
DLF Ltd.
Coram
H.C. Gupta
Case details
As recorded by the court registry
All orders in this case
2 orders share this CNR
- Order 1 — this page
- Order 2
Similar cases
Judgements on the same questions, provisions and authorities, from every court