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Judicial Analysis Court Copy Headnote Facts Arguments Court observation
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GEETA GOURI, ANURAG GOEL, M.L.TAYAL, S.N.DHINGRA, S.L.BUNKER
Vikrant Bhagi – Appellant
Versus
Media Video Ltd. – Respondent


Advocates Appeared:
P.K. Mullick, Soma Mullick

1. The Informant alleged abuse of dominant position by M/s Media Video Limited and Smart Buildwell Private Limited, (collectively referred as the 'Opposite Parties' and individually as OP1/OP2 respectively), in contravention of the provisions of section 4 of the Competition Act,2002, (the 'Act') with respect to sale of residential units by OP1 in their residential project, Arcadia on Bhiwadi - Alwar Bypass, Village Sadipur, Tehsil Tizara, District Alwar, Rajasthan, (the 'Project').

1.1 The informant stated that he booked a 3BHK Apartment measuring 1650 sq. feet super area, ('Residential Unit') vide a Buyer-Builder Agreement dated 23.07.2007 with OP1. The land of the Project was owned by OP2 and the Project was being developed by OP1. It was agreed that the possession of the Residential Unit would be handed over to the informant within 36 months but till date i.e. even after expiry of 69 months, possession was not handed over to the Informant. The Informant had made payment of 95% consideration i.e. Rs. 33,61,500, as and when demanded and the remaining 5% would be paid when possession is handed over to the Informant.

2. The Informant wanted to transfer/sell the Apartment in question a

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