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G.S.SINGHVI, RAJEEV KHER
Nitin Radheshyam Agarwal – Appellant
Versus
Competition Commission Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. K.K. Sharma, Advocate.

ORDER :

1. Feeling aggrieved by order dated 19.5.2015 passed by the Competition Commission of India (for short ‘the Commission’) in Case No. 10 of 2015, the appellants have filed this appeal under Section 53 B of the Competition Act, 2002 (for short, ‘the Act’).

2. In 2006, Respondent No. 2-Bombay Dyeing and Manufacturing Company Limited launched a Residential Apartment Scheme under the name and style of ‘ICC Springs’. Respondent No. 2 sent a special invitation dated 25.9.2006 to some individuals including the appellants and offered them flats of different sizes in the scheme. On the next day, Appellant No. 1 sent the letter of confirmation and deposited 10% of the total cost.

3. After four months, Respondent No. 2 sent communication dated 21.1.2007 to the appellants requiring them to pay Rs. 42,00,565.50 (Rupees forty two lacs five hundred sixty five and fifty paise only] on or before 31.1.2007.According to the appellants, this amount represented 10% of the total cost and was in addition to 10% already paid by them and in this manner they paid 20% of the sale price as earnest money.

4. On 23.5.2008, the parties executed an agreement for sale, which has been described in the pleadings

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