VIJAY KAPOOR Vs. DLF UNIVERSAL LIMITED

JUDGEMENT

(1.) ORDER under Section 26(1) of the Competition Act, 2002

(2.) AS per the facts stated in the information, OP approached the Informant through an agent in the month of December, 2012, for booking residential apartments in the project of OP namely, 'The Skycourt' at Sector 86, DLF Gardencity, Gurgaon Haryana (hereinafter referred to as the 'Residential Project'). The agent assured the Informant that total cost of the residential apartment would be Rs. One Crore with no hidden costs. The Informant was further informed that he will be offered a pre -launch discount of Rs. 500/ - per sq. ft. and a demand for booking amount of Rs. 10,31,000 was made. The Informant received an allotment letter dated 07.01.2013, with a receipt for the booking amount paid. Though OP mentioned that it is enclosing a copy of schedule of payment, no such schedule was sent to the Informant.

(3.) ON 20.01.2013, the Informant received a Demand -cum -Intimation Notice, dated 14.01.2013 in which OP demanded a sum of Rs. 10,89,150.80 which was supposed to be paid by 04.02.2013. The Informant protested against the demand notice but he was threatened that the allotment would be cancelled and amount already paid would be forfeited if the demanded money was not paid by the due date. On 15.03.2013, the Informant received the 'Agreement to Sell' (hereinafter referred to as the 'Agreement'). The Informant after reading the said Agreement realised that the cost of the allotted apartment and the conditions of the Agreement were unfair, discriminatory and one -sided. The Informant wrote a protest letter to OP on 16.03.2013, expressing his unwillingness to pay the charges for parking, preferential location as the demand for these charges was alleged to be more than the total cost of the apartment which was intimated to the Informant earlier.