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2022 Supreme(SC) 68

L. NAGESWARA RAO, B. R. GAVAI, B. V. NAGARATHNA
B. B. Patel – Appellant
Versus
DLF Universal Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. M L Lahoty, Sr. Adv. Mr. Paban K. Sharma, Adv. Ms. Hemantika Wahi, AOR Ms. Jesal Wahi, Adv.
For the Respondent(s): Mr. Ravinder Narain, Adv. Mr. Praveen Bahadur, Adv. Mr. Siddharth Banthia, Adv. Ms. Kanika Gomber, Adv. Mr. Rajan Narain, AOR

JUDGMENT :

L. NAGESWARA RAO, J.

1. This appeal has been filed against the judgment dated 19.01.2009 of the Monopolies and Restrictive Trade Practices Commission, New Delhi dismissing a complaint filed by the appellants under Sections 36-A, 36-B(a) and (d), 36-D and 36-E read with Sections 2(i) and 2(o) of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as “MRTP Act”).

2. An advertisement was issued by the respondent proposing attractive schemes of payment for the sale of group housing apartments/flats namely “Beverly Park-I” at Qutab Enclave Complex in Gurgaon. According to one of the schemes, possession of the flats/apartments was to be handed over on payment of 40% of the cost of the flat within 2½ (two and half) years and the balance amount was to be paid within equated instalments over the next seven and half years. On 14.01.1993, the appellants applied for allotment of 4 apartments Nos. 404A, 404B, 406A and 406B in Tower No. 4, Windsor. By choosing the aforementioned option, the appellants sought to make payment for the apartments within a pe

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