http://realty.economictimes.indiatimes. ... d/47108824 NEW DELHI : The Competition Commission of India has rejected charges of use of dominant position by real estate firm BPTP in relation to the sale of a residential unit in Faridabad in Haryana.
The complainant Ravinder Pal Singh alleged the use of dominant position by the realty player. Singh alleged that he had booked an 'expandable flat' but the flat delivered to him by the company was not expandable. He also alleged that BPTP had failed to get necessary approvals to use or allot the land.
The commission said in its order that "(BPTP Ltd) does not appear to be a dominant player. In the relevant market of 'services for development and sale of residential apartments in Faridabad', there seem to be many real estate developers".
The CCI has relied on its judgments passed in 2010 and 2013 against BPTP in relation to cases of residential units in the same project in Faridabad of the builder. CCI had assessed the dominance of the real estate player then and had ruled that the company was not in a dominant position.
"Since no change in circumstances seems to have occurred since then, the Commission is of the view that, prima facie, OP (BPTP Ltd) is not dominant in the relevant market determined above" the CCI noted.
Singh said in the complaint that he had booked a 250 yards 'expandable flat' in 2009 in the Park Elite Floor Project of the builder in 2009 by paying the earnest money, brokerage and other administrative charges. He later found that BPTP had failed to get clearances to use/allot the land. When he enquired from the builder about it, he was told by BPTP that due to some technical reasons the clearances could not be secured. In 2010, he was also made a sign Builder-Buyer agreement, along with affidavit and undertaking under the threat of forfeiting the entire amount that he had paid. The agreement was one-sided and entirely favoured BPTP, he alleged.
Singh also alleged that he had to pay a higher amount than what was mentioned in the advertisement of the project and the agreement.
Even the fact that the flat delivered was not expandable was accepted by the builder only when Singh filed a case in the Dispute Redressal Commission in New Delhi, he alleged in the complaint.