BEFORE THE MONOPOLIES AND RESTRICTIVE TRADE

PRACTICES COMMISSION, NEW DELHI

U.T.P. ENQUIRY No. 402/97

IN THE MATTER OF:

Lalit Badhwar … Applicants

Vs
DLF Universal Ltd. ... Respondent
(Now DLF Limited)

AFFIDAVIT OF EVIDENCE FOR AND ON BEHALF OF

RESPONDENT

I, Anil Gupta, Son of Late Shri N.K. Gupta, aged about 50

years, R/o TH-01, Oak Wood Estate, Akash Neem Marg, DLF

City-II, Gurgaon, do hereby solemnly affirm and state as under:

1. I am the Chief Architect of the Respondent Company. I say

that I am familiar with the facts of the present case. As

such, I am competent to affirm the present affidavit. I am a

graduate Architect with about 30 years experience and

working in DLF Ltd. for the last 16 years as Chief Architect.

I am responsible for total coordination i.e. for architecture

and services with respective consultant and liasoning with

authorities for approvals.

2. The total number of Shops in Super Mart, DLF Qutab

Enclave Complex, Gurgaon were around 332 (272 in I and

60 in II). The respondent had offered different payment

 plans to the allottees, which included 2½ years and 10

years payment plan. This was to facilitate the allottee in

making payment of easy installments staggered over a

period of time.

3. I say that the Respondent had applied to the Director,

Town & Country Planning, Haryana (DTCP) from time to

time for approval of the Buildings Plans. The Director,

Town & Country Planning sanctioned the building plans

from time to time. It may be clarified that the Respondent

on 29.06.1993 had applied to DTCP for Super Mart, which

was sanctioned on 28.12.1993 vide Memo No.5DP-

93/18300; copy of sanction of DTCP is annexed herewith

and marked as Annexure - A. On 25.01.1994 vide memo.

No. QE4C140 DPC was informed of DTCP Office

Chandigarh regarding the granting of permission of

construction on the basis of clearance of Fire Officer from

Gurgaon. Copy attached as Annexure- B. Further, the

Respondent applied for DPC Certificate for Super-Mart-I

vide memo. no. DLF/ADVISOR/DPC on 31/03/1995 and

the DPC certificate was obtained on 5/5/95 vide memo.

No. 3534. Copy of the application and the sanction is

attached herewith as Annexure-C & D.

4. I say that the Respondent applied for the grant of

Occupation Certificate and the same was granted by the

DTCP on 21.04.1997 for Super Mart-I . Copy of the said

 Occupation Certificate dated 21.04.97 annexed herewith

and marked as Annexure E .

5. I say that the Respondent has, in fact, carried out a large

number of improvements and modifications and additions

in the Super Mart-I, where the shop of the Applicant herein

was also situated. The details of the modifications are as

follows:

(i)100% power backup was introduced for

uninterrupted power supply which has become a

necessity these days.

(ii)Fire fighting system was introduced which was

not mandatory at that time but later on, this became

a mandatory requirement.

6. I say that because of all these modifications, which were

done in the interest of consumers, the company has

incurred heavy losses.

7. I say that all the modifications/ additions, which were

sought to be brought about in the Super Mart Complex

were to be approved by the competent authority before its

execution. At every stage and for every

addition/modification the Governmental approval is

required and in this particular scheme major additions and

modifications have been brought about which are in

consumers interest and convenience and the allottees

 have given their consent to such variations and

modifications as enumerated in clauses 13 and 15 of the

Shop Buyers Agreement. I say that the tentative layout

plan was approved by the Government at the time of

signing of the agreement.

8. I say that the area determined at the time of allotment of

the shop alongwith the common space is always tentative

and approximate as each and every project invariably

undergoes certain changes, alterations and modifications

during the currency of the project which fact has clearly

been enumerated in the preamble and under Clause 15 of

the Shop Buyers Agreement. I say that the super area of

the Shop in Super Mart-I was increased to 453 sq. ft.

approx., (42 sq. mtr. approx.), which included the increase

of common area to 53 sq. ft. approx (5 sq. mtr. approx.).

DEPONENT

VERIFICATION:

I, abovenamed deponent, do hereby verify that the contents of the

foregoing affidavit are true to my knowledge and are based on

records and no part of it is false.

Verified at New Delhi on day of ,2008.

DEPONENT