2017-TIOLCORP-19-CCI
Sudarshan Kumar Kapur And DDA
Whether an authority such 'DDA' can be said to be occupying a dominant position in the relevant market if it is the biggest real estate developer in such market and no other developer can match its size & structure and there exist no other comparable alternative for the buyer in such market - YES: CCI
Whether a delay of 33 years in making allotment of flat to the applicants can be said to be reasonable when as per the brochure such allotment was to take place within a period 5 years - NO: CCI
Whether asking the buyers to pay up to 80% of the consideration amount vide Allotment Letter and thereafter determining their eligibility amounts to an unfair and one-sided conduct on the part of OP - YES: CCI
Whether it would be abusive conduct on the part of OP if it failed to intimate the informant for more than 10 months about its decision of cancellation of allotment of the Informant and thereafter only verbally communicated the same without any supporting document - YES: CCI
Whether imposing huge penalty for delay in deposit of final amount of allotted land is abuse of dominant position - YES : CCI
Whether imposing one sided conditions by a public body such as DDA, which is also a dominant player in the relevant market, amounts to abuse of dominant position and calls for DG investigation - YES: CCI
Order Passed u/s 26(1): CCI