ASHOK CHAWLA, ANURAG GOEL, S.L.BUNKER, AUGUSTINE PETER, SUDHIR MITAL
Smt. Konika Mukherjee – Appellant
Versus
Himalaya Realestate (P. ) Ltd. – Respondent
1. The present information(s) relate to same allegations against the OP filed by 3 different set of informants u/s 19(1) (a) of the Act. Briefly, the case pertains to alleged abuse of dominant position under section 4 of the Act by OP with respect to its residential project in Greater Noida, UP. Since the matters pertain to same allegations, they are hereby clubbed and disposed off through a common order.
2. Briefly, OP, a real estate company incorporated under the Companies Act, floated a brochures for offering booking of flats in its residential project namely Himalaya Pride in Greater Noida West, UP ('the Project'), comprising of 2/3 bedroom apartments. Through the brochure circulated by OP, flats of four different super areas in Tower A & B were offered in the said Project. Relying on the representations made by OP in its various advertisements, the informants booked a flat each in OP's Project by opting construction linked plan ('CLP') on 28.09.2012 through an application cum registration form.
3. The informants submitted that at the time of booking, it was represented that there would be 14 floors in each tower 'A' & 'B' and accordingly a CLP was designed to ensure payment by i
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