PROMODE BHARGAVA Vs. D L F UNIVERSAL LTD

JUDGEMENT

(1.) The present complaint has been filed under Sec.36b (a) of the Monopolies and Restrictive Trade Practices Act, 1969 against the respondents. The complainants are stated to be apartment owners in multi-storeyed building known as Regency Part-II City, Ph. IV, Gurgaon, Haryana, 122 022. The complainant No.1 Mr. Promode Bhargava is stated to be authorised representative of rest of the complainants to sign the complaints, applications and file affidavits etc. along with relevant papers and documents which are considered necessary in the case. The said representative is also to act on the advice and direction of Mr. L. N. Mehta, learned Counsel in the present case as referred to in paragraph 1 of the complaint.

(2.) Respondent No.1 is a promoter/coloniser and vendor in respect of sale of apartments and is licensee of respondent No.3 with whom he has executed an agreement whereby apartments are sold in compliance of the provisions of The Haryana Apartment Ownership Act, 1983 (hereinafter referred to as '1983 Act' ).

(3.) The complainants have two-fold grievance. Firstly that respondent No.2 is starting a School with tacit collusion of respondent No.1 and with active connivance of respondent No.3. The School never existed in the original plan/layout of the Complex. Apartment owners have undivided interest in common areas in specified percentage to be governed and administered by Governing Body of apartment owners as provided in Sec.16 of the 1983 Act. Therefore, respondent No.1 is guilty of unfair and restrictive trade practices. Secondly, it is alleged that respondent Nos.1 and 3 are under obligation for developing group housing society on allotted land strictly in accordance with terms and conditions of the licence as granted by respondent No.3 and the responsibility of ownership of common area and facilities as well as their management and maintenance shall continue to vest with the coloniser till such time the responsibility is transferred to owners of dwelling units under the 1983 Act.