SC: Cheque Dishonour Complaint Can't be Quashed Pre-Trial if Sec 138 NI Act Conditions Met  ||  SC: Personal Hearing Not Required Before Banks Declare Account ‘Fraud’  ||  Supreme Court Faults UCO Bank For Attempt to Stall Employee’s VRS Through Show Cause Notice  ||  SC: PwD Post in Unreserved Category Can be Filled by SC/ST/OBC Candidates With Disabilities  ||  Delhi HC: FSSAI Has No Authority to Regulate Animal Feed  ||  Gauhati HC: Adult Son Pursuing Studies is Not Entitled to Maintenance under Section 125 CrPC  ||  Cal HC Upholds Divorce, Rules False Cases by Wife And 17-Year Separation Constitute Mental Cruelty  ||  Supreme Court: Calling Someone ‘Bastard’ In Heated Exchange Isn’t Obscenity under IPC Section 294  ||  Supreme Court: Even a Single Tainted Public Work Award Violates Article 14  ||  Supreme Court Upholds Lease Cancellation, Denies Relief for Failure to Develop Allotted Land    

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