Realty major DLF on Thursday moved the Supreme Court against the Competition Appellate Tribunal's May order that confirmed the penalty of R630 crore imposed by the Competition Commission of India, holding the company guilty of abusing its dominant market position with regard to a residential society in Gurgaon.
The CCI had levied the penalty on DLF on August 12, 2011, for abuse of its dominant position, which involved selling of flats. In another case, which also related to unfair conditions imposed on buyers, it had asked DLF to 'cease and desist' but did not levy any penalty.
“The order of CCI as well as this judgment is expected to go a long way to ameliorate all the conditions of the customers… If the consumer is exploited by a mighty builder, then such mighty builder cannot claim soft attitude from the State. We, therefore, refuse to bring down the penalty in any manner,” the 139-page Compat order stated. It also said that as a dominant player, DLF has a special duty to be within the four corners of the law.
Dismissing DLF's plea against the fine imposed by the Competition Commission of India (CCI), the tribunal had given the realty developer 60 days to pay up or approach the Supreme Court.
The orders came following complaints filed by buyers’ associations of two DLF projects in Gurgaon.