DLF Ltd has appealed to the Competition Appellate Tribunal (Compat), challenging an order by competition watchdog CCI to pay a Rs 630-crore penalty for “abuse” of its dominant market position in the country’s real estate business.
Sources IN the capital-headquartered company said it had started the process related to the move, and would officially be moving the apex tribual on Monday.
DLF had prepared a document, totalling around 350 pages, which mainly argues on three major areas. The first one is seeking relevant market share in the National Capital Region instead of narrowing it down to just Gurgaon. The company has reservations also about the the way dominance was calculated.
DLF claims that most of the complaints were from investors. It also argues that the Competition Commission of India should have sent a show-cause notice to the company before imposing the penalty. The appeal also said DLF was not selling a service or a good; thus it could not be covered by the CCI. Harish Salve is contesting the case for DLF.
Sources claim the company has made a rebuttal and filed three annexures with the 2009-constituted Compat.
Two flat owners’ associations have already received the appeal copy, as they had filed a caveat with the Compat last week requesting it not to decide on case concerning DLF without giving them a chance of hearing. Caveat is something a party in a legal case files before a judicial forum to ensure that an order is passed only after it called for hearing.
It was in August that CCI imposed the penalty on DLF — following an inquiry on a complaint filed by a Belaire Owners’ Association in Gurgaon and Park Place Residents’ Association.
