Order under section 26(2) of Competition Act, 2002

1. The OP launched a residential flat complex, named, 'Pal Aqua Polis' in sector 70-A, Gurgaon, Haryana. The informant booked a residential flat in the said project on 31-03-2007 by depositing Rs. 3,50,000/-. The informant alleged that the OP abused its dominant position by imposing unfair and one sided conditions on the informant through agreement entered between them.

2. As per information, on 26.09.2008, the OP allotted a flat to the informant in Block B with super area 1304 sq. ft. Later, the OP changed project layout plan& in new layout plan block D replaced Block B. To retain flat on similar location, the informant requested a change in allotment and flat D - 102 was allotted to him on 25.04.2011. On 01.10.2011, the builder suggested the informant to apply for allotment of flat in block E, due to non-availability of earlier allotted flat D - 102. The informant was suggested to accept a larger size flat. With no other choice informant acted as advised and a new flat E - 301 with super area 1690 sq. ft was allotted on 01.10.2011. Since super area of new allotted flat was 386 Sq. Ft., more than that of previously allotted fla