J&K&L HC Quashes 65-Year-Old's Detention, says Cattle Smuggling isn't Public Disorder  ||  Karnataka HC Bars Denial of MV Inspector Posts over Experience with Non-Existent HGV/HPV Vehicles  ||  P&H HC: Lengthy Incarceration alone is No Substantial Change for Repeat Bail Plea  ||  Meghalaya HC Flags Amicus' Non-Appearance amid Lawyers' Strike, Stresses Loyalty to Justice  ||  MP HC: Arms Act doesn't allow Sports Firearm Licence Conversion to Self-Defence Category  ||  Delhi HC: Public Funding of LTC, CGHS Benefits doesn't Mandate Personal Disclosure under RTI  ||  Delhi HC: Fake Caste Certificate alone cannot Justify Removing Advocate from State Rolls  ||  Delhi HC Refuses to Stop Sale of 47 Law Books in Family Copyright Dispute  ||  Supreme Court: S. 394 IPC Conviction Requires Proof of Robbery or Attempted Robbery  ||  Supreme Court Questions MP HC's Cryptic Reduction of Murder Conviction as 'Shocking'    

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