NCLAT dismissed appeals seeking compensation for delayed ...
Homebuyers' compensation claims for EWS flat delays rejected as prior consent bars challenge under Competition Act
February 5, 2025
Case Laws Law of Competition AT
NCLAT dismissed appeals seeking compensation for delayed possession and increased costs of EWS flats. Appellants claimed Rs. 42,42,000/- each, including rental damages, mental agony, interest on deposits, and litigation expenses. The tribunal held that compensation under Section 42A and 53N(1) of Competition Act is payable only for violation of CCI orders, which was not established. Despite CCI finding respondent's abuse of dominant position in the relevant geographic market, appellants' prior consent to cost enhancement barred their challenge. Claims for monthly rental of Rs. 10,000 and other damages were deemed unconvincing, particularly given the EWS qualification criteria of Rs. 25,000 annual income ceiling.
View Source