PLATINUM CITY – WOES – WHEN WILL YOU GO TO JAIL? HIGH COURT


THE PLATINUM CITY APARTMENT COMPLEX AT YESHWANTHPUR MAIN ROAD, BANGALORE IS IN THE MIDST OF DEVIATION AND VIOLATION AND AN ANGRY COURT ASKED THE BUILDER, `WHEN WILL YOU GO TO JAIL`, AND THERE ARE INNUMERABLE NUMBER OF SUCH VIOLATORS AND DEVIATORS IN BANGALORE.

FAR THEFT(CHOR) IS COMMON AND THE BUYERS OF PROPERTIES ARE EQUALLY RESPONSIBLE FOR SUCH THEFT.  KNOWINGLY WELL, THAT THERE IS ABNORMAL DEVIATION AND VIOLATION IN THE CONSTRUCTION, IN MANY CASES, THERE ARE NO PROPER SANCTIONED PLANS AT ALL, BUY THEM, BECAUSE, THEY GET HOME LOAN.

THE BUILDERS MAFIA, BRIBES AND MISREPRESENTS THE FACTS TO THE BANKS AND FINANCIAL INSTITUTIONS AND THEY BLINDFOLD THEM, THE BANKS, IN A BID TO GAIN MORE BUSINESS, GRANTS THEM PRE APPROVAL AND THE BUYERS THINKING THAT `APPROVAL FROM BANKS MEANS THAT ALL THINGS ARE RIGHT AND THERE IS ABSOLUTELY NO PROBLEM WITH TITLE AND CONSTRUCTION, HENCE, THEY JUMP IN TO BANDWAGON AND THEN ENJOY THE MISERY FOR THEIR OWN STUPID DECISION.

WHEN THE LIES ARE DISCOVERED AND PENAL ACTION IS INITIATED, THEN, THE BUYERS, IMMEDIATELY BECOMES THE GREATEST HONEST CITIZEN, WHO HAS BEEN PENALISED NOT FOR HIS FAULTS, THE FAULTS OF THE GOVERNMENT, OFFICERS, BUILDERS, BANKERS AND THE WHOLE WORLD. 

WHEN THE MISTAKES AND LIES ARE POINTED OUT, IMMEDIATELY THEY TAKE THE SHELTER AND BLAME THE SYSTEM, SUB REGISTRAR, BBMP/BDA/BMRDA/DTCP/DC, ADMITTING THEY ARE NOT AWARE AND HAVE BEEN CHEATED.  IGNORANCE OF LAW IS NO EXCUSE. 

THE BUYERS OF ILLEGAL AND UNAUTHORISED PROPERTIES ARE NEITHER ILLITERATE NOR POOR NOR DEAF NOR DUMB, THEY ARE ELIGIBLE TO AVAIL HOME LOANS AT LOW INTEREST RATES AND THINK, THEY CAN MANIPULATE OR EXERCISE POLITICAL POWER AND EVEN INFLUENCE THE JUDICIARY, BUT ULTIMATELY FAIL AND WAIL.

THE PLATINUM CITY IS ALSO IN THE SAME SPOT.  DO NOT BUY PROPERTIES OF THIS TYPE, BECAUSE THE PROMOTER IS A CREDAI REGISTERED BUILDER OR TOP OR THE BEST BUILDER IN TOWN.  

ALL MOST ALL BUILDERS HAVE CASES OF ENCROACHMENT, VIOLATION AND DEVIATION, IT IS A PART AND PARCEL OF THEIR LIVES, THEY WANT TO LIVE WITH IT AND TRANSFER THEIR MISERY TO THE BUYERS AND ENJOY LIFE AT THE COST OF THE MISERABLE ONES WITH POSH OFFICES AND MERCEDES BENZ CARS AND FOREIGN JAUNTS. 

DLF AGREEMENTS ARE BIASED AND UNFAIR – COMPETITION COMMISSION OF INDIA


THE COMPETITION COMMISSION OF INDIA REWRITES THE SALE AGREEMENT OF DLF- ANOTHER KICK TO THE REALTY MAJOR FOR MISUSING ITS DOMINANCE !!!!

BELAIRE OWNERS’ASSOCIATION .…. INFORMANT

VS.

DLF LTD. …. OPPOSITE PARTY-1

HARYANA URBAN DEVELOPMENT …. OPPOSITE PARTY-2

AUTHORITY

 

DEPARTMENT OF TOWN & COUNTRY …. OPPOSITE PARTY-3

PLANNING, STATE OF HARYANA

 

Through:- Shri Vaibhav Gaggar, advocate for informant and

Shri Ravinder Narain, advocate for opposite party no.1

Supplementary Order u/s 27 of the Competition Act, 2002

 

The Commission vide its order dated 12th August, 2011(the order) in above case had held DLF Ltd. as a dominant enterprise in the geographic area of Gurgaon in the relevant market. The Commission found that DLF Ltd. had abused its dominant position and violated the provisions of Section 4 of the Competition Act, 2002(the Act) as DLF had made the flat owners i.e. members of the Informant association to sign a highly abusive apartment buyers agreement. In para 12.90 of its order, the Commission had noted a number of clauses of the agreement as examples of abusive nature. The Commission observed in para 12.91 that DLF Ltd. had made it clear to the allottees that no alterations/modifications were to be made in the said agreement by the allottees. The Commission in para 12.95 had observed regarding commencement of project without sanction/approval, increase in number2 of floors midway, increase of Floor Area Ratio(FAR) and density per acre(DPA), inordinate delay in completion and possession, forfeiture of amounts, etc. The Commission found that the clauses of the agreement were biased in favour of DLF Ltd. In para 12.101, the Commission observed that certain clauses in the agreement gave DLF a sole discretion in respect of making changes in zoning plans, usage pattern, super area, carpet area and for alteration of structure and even a case of change of location of apartment and if a refund became due, no interest was payable by the builder. No rights had been given to buyers for raising objections. Even if the buyers had paid full amount, the builder could create mortgage on the property of the buyers for raising finance for its own purpose. DLF Ltd. inserted such clauses which made exit next to impossible for buyers. In case of delay by the builder, DLF Ltd. was to pay compensation of Rs. 5 per sq. feet per month equivalent to about 1% per annum interest, while in case of delay in payment by the buyer, the interest charged was 15% per annum for the first 90 days and 18% thereafter.

The Commission came to conclusion that the conduct of DLF Ltd. was unfair in terms of section 4 and was being carried out by it because of its being a dominant enterprise and amounted to abuse of dominance.

THIS ORDER MAY BE USED AS A BENCH MARK FOR DRAWING UP AGREEMENTS BY ALL THE BUILDERS.

THE CONTENTS ALSO APPLIES TO THE HIRANANDANI UPSCALE OR ITS ASSOCIATE COMPANY SAUDELA CONSTRUCTION COMPANY, WHICH HAS DRAWN THE SALE AGREEMENT ON THE SIMILAR LINES OF DLF !!!