Compensation Claim u/s 42A Was Premature as Appellants Consented to Cost Hike and No Violation of CCI’s Order Occurred
- Blog|News|Competition Law|
- 2 Min Read
- By Taxmann
- |
- Last Updated on 9 January, 2025
Latest from Taxmann
Case Details: Sateyendra Singh vs. Ghaziabad Development Authority - [2025] 170 taxmann.com 150 (NCLAT-New Delhi)
Judiciary and Counsel Details
- Justice Rakesh Kumar Jain, Judicial Member & Naresh Salecha, Technical Member
-
Dinesh Kumar, Adv. for the Appellant.
-
Ms Srashti Parashar, CCI R1, Ajit Kumar Sinha, Sr. Adv., Shashank Singh, Naveen Soni & Deborah Serto for the Respondent.
Facts of the Case
In the instant case, the appellants-allotees were allotted Economically Weaker Section (EWS) flats in housing scheme announced by respondent authority. Later, possession of flats was delayed by respondent.
Consequently, the respondent issued a letter to all allottees, including appellants demanding a revised final cost. The appellants filed a complaint and subsequently, the CCI passed impugned order concluding that respondent was engaged in abusive conduct in violation of section 4(2)(a)(i) of the Competition Act, 2002.
Accordingly, CCI directed respondent to cease and desist from such behavior and imposed a penalty amounting to Rs. 1 crore. On appeal, appellants requested to direct respondent to compensate appellants for their losses and recover and pay imposed penalty amount from respondent and pay directly to appellants. It was noted that appellants gave their consent for enhancing cost.
NCLAT Held
The National Company Law Appellate Tribunal observed that since there was no violation by respondent of CCI’s order, question of claiming compensation was premature in view of section 42A. Further, it was held that the appellants could seek other appropriate legal remedies in accordance with law and thus, instant appeal was to be rejected.
List of Cases Reviewed
- Order passed by CCI in Case No. 86/2016, dated 28-2-2018, (Para 44), affirmed.
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Sign Up
To subscribe to our weekly newsletter please log in/register on Taxmann.com
Latest Books
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
CA | CS | CMA
