MAGNOLIA FLAT OWNERS ASSOCIATION Vs. DLF UNIVERSAL LIMITED

JUDGEMENT

(1.) THIS order relates to an information filed under section 19 (1) (a) of the Competition Act, 2002 (The Act) by Magnolia Flat Owners Association and Mr. Rahul Kapoor (collectively referred to as the informants) against DLF Universal Limited (Now DLF Limited), Haryana Urban Development Authority (HUDA) and The Director Town and Country Planning, Haryana (DTCP) (collectively referred to as the Opposite Parties). It has been alleged that DLF Limited (hereinafter referred to as DLF) has abused its dominant position and imposed unfair and discriminatory conditions against the apartment allottees in residential project "Magnolia", being developed by it at DLF City Phase -V, Gurgaon, Haryana. It has also been alleged that Haryana Urban Development Authority and Directorate of Town and Country Planning, Haryana, the other two opposite parties have favored DLF Limited while sanctioning additional floors over and above the plans sanctioned earlier. The Commission, on earlier occasions, in the case of two other residential projects of DLF Limited, namely, Park Place (in Case No. 18 of 2010) and Belaire (in Case No. 19 of 2010), had held it to be dominant in the relevant market of provision of services for development of high -end residential units and imposed penalties besides directing the company to 'cease and desist' from imposing unfair and discriminatory conditions on apartment allottees. This order will dispose of the instant information filed against DLF in respect of its project, 'Magnolia' situated in the same geographic area as that of 'Belaire' and 'Park Place'.

(2.) THE facts and allegations as per information, in brief, are as under;

(3.) FINDINGS of DG