SC: Menstrual Health is a Fundamental Right under Article 21; Orders Free Sanitary Pads in Schools  ||  Supreme Court: Industrial Court is the Proper Forum to Decide Issues Relating to Contract Labour  ||  Supreme Court: Only Civil Court of Original Jurisdiction Can Extend Arbitral Tribunal’s Mandate  ||  SC: Demolition of Private Property Must Rest on Clear Statutory Grounds and Due Consideration  ||  SC: After Complaint Was Withdrawn, BCI Disciplinary Committee Could Not Penalise Advocate  ||  MP HC: Decree Holder Cannot Defeat Compromise or Initiate Execution by Refusing Debtor’s Cheque  ||  MP HC: Spouse’s Income Cannot Be Clubbed With Public Servant’s for Disproportionate Assets Case  ||  Ker HC: Bar Association is Not Employer & Cannot Form Internal Complaints Committee under POSH Act  ||  SC: Ex-Contract Workers Must Be Preferred When Employers Replace Contract Labour With Regular Staff  ||  SC: Waqf Tribunals Cannot Hear Claims over Properties Not Listed or Registered under Waqf Act    

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