SC: Subsidy Taxability Depends on its Purpose under The Income Tax Law  ||  MP HC:Revenue Authority’s Decision Can’t Operate as Res Judicata in Absence of Express Statutory Bar  ||  SC: Breakup Followed by Suicide does not Automatically Amount to Abetment to Suicide  ||  SC: Election Petition under Representation of the People Act Must be Filed Personally by Petitioner  ||  Patna HC: Template Arrest Memo cannot Satisfy Mandate under Article 22 of Constitution  ||  MP HC: Delayed Cruelty FIR not Counterblast When Wife “Remains Silent” to Save her Married Life  ||  MP HC:Revenue Authority’s Decision Can’t Operate as Res Judicata in Absence of Express Statutory Bar  ||  Patna HC: Signature Mismatch alone cannot Prove OMR Tampering  ||  J&K&L HC: Bail can be Set Aside if Contrary to Statutory Mandate  ||  Kerala HC: Headmistress’s Churidar cannot Bar Entry, Clothing Choice is A Fundamental Right    

Raghubir Mertia v. Aura Real Estate Private Limited - (Competition Appellate Tribunal) (26 Apr 2016)

Compat: Flat buyers need not apply

MRTP/ Competition Laws

The Competition Appellate Tribunal affirmed what the Competition Commission has been trying to tell residential flat buyers all along - builders cannot be held in contravention of competition laws for including lopsided contractual terms in sale-purchase agreements.

The Tribunal was unequivocal in its ruling: due to the construction boom in preceding years the real estate sector invited several builders resulting in none of them being in a ‘dominant position’, being unable to effect unfair contract terms. With the appellants not providing evidence to the contrary, CCI was correct in concluding that Aura Real Estate was not dominant in the relevant market and, as such, investigation could not be ordered against it.

The CCI has received a spate of complaints, most of which it has dismissed, from individual property buyers who have been stung by unequal contractual reliefs for delayed delivery of possession by real estate companies. Inadequate compensation and eluding responsibility for timely completion of construction have topped the list of grievances for which buyers claim to have been adversely affected by a ‘dominant’ builder.

Tags : COMPAT   REAL ESTATE   DOMINANT POSITION  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved