RAM SINGH CHAUHAN Vs. DLF UNIVERSAL LTD

JUDGEMENT

(1.) This appeal has been filed against the judgment dtd. 19/1/2009 of the Monopolies and Restrictive Trade Practices Commission, New Delhi dismissing a complaint filed by the appellants under Ss. 36-A, 36-B(a) and (d), 36-D and 36-E read with Ss. 2(i) and 2(o) of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as "MRTP Act").

(2.) An advertisement was issued by the respondent proposing attractive schemes of payment for the sale of group housing apartments/flats namely, "Beverly Park-I" at Qutab Enclave Complex in Gurgaon. According to one of the schemes, possession of the flats/apartments was to be handed over on payment of 40% of the cost of the flat within 2 1/2 (two and half) years and the balance amount was to be paid within equated instalments over the next seven and half years. On 14/1/1993, the appellants applied for allotment of 4 apartments Nos. 404A, 404B, 406A and 406B in Tower No. 4, Windsor. By choosing the aforementioned option, the appellants sought to make payment for the apartments within a period of 10 years. According to the application form, possession was to be delivered to the appellants as "Licensees" for use and occupation on a monthly License Fee till the balance sale consideration was paid. Flats with super area of 270.35 sq. meter at the basic sale price of Rs.7,525.00 per sq. meter were allotted to the appellants. Apart from the basic sale price, External Development Charges (EDC) @ Rs.376.00 per sq. meter, construction deposit of Rs.21.5 per sq. meter and lumpsum security of Rs.15,000.00 were to be paid by the appellants for each flat.

(3.) The Apartment Buyer Agreement (hereinafter referred to as "ABA") was executed on 23/3/1993. The relevant clauses of the ABA are as under: -