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The Competition Appellate Tribunal (COMPAT) has dismissed realtor DLF's plea seeking a review of its order directing CCI to specify how the terms and conditions of agreement between the company and flat owners need to be modified.
COMPAT had passed an interim order sating that CCI “pass an order under Section 27(d) specifying the extent and manner in which the terms and conditions of Apartment Buyers' Agreement needs to be modified”.
It had also asked CCI to consider the modified draft agreements submitted by DLF and flat owners before COMPAT.
DLF had contended that without first adjudicating upon the correctness of the findings of the CCI, question of modifications of the terms and conditions cannot be taken up for consideration.
A two-member COMPAT Bench said that it cannot decide on the modification of the terms and condition until the Competition Commission of India (CCI) takes a decision on that.
Question of correctness
While disposing the applications to review its order, the tribunal said it may not be possible to adjudicate upon the question of correctness of the findings of the learned CCI, without hearing the entire case.
DLF and flat owners have submitted their draft agreements and COMPAT had asked to CCI to look into that.
COMPAT also declined to go into the plea of flat owners seeking a direction to hand over flats and appoint surveyor and other similar relief saying that it was not an appropriate for them to pass orders as the hearing in the main matter was going on.
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