No Abuse of Dominance by OP as Several Other Players Were Operating in Market for Sale of Residential Plots | CCI
- Blog|News|Competition Law|
- 2 Min Read
- By Taxmann
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- Last Updated on 11 September, 2023
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Case Details: Jitendra Bathla v. DLF Gayatri Developers - [2023] 153 taxmann.com 400 (CCI)
Judiciary and Counsel Details
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- Ms Ravneet Kaur, Chairperson, Ms Sangeeta Verma & Bhagwant Singh Bishnoi, Member
Facts of the Case
In the instant case, the present information was filed by the Informant u/s 19(1)(a) of the Competition Act, 2002 against the OP, alleging contravention of the provisions of section 4 of the Act.
The Informant had booked a residential plot in a project developed by OP in Mahbubnagar, Telangana. The Informant filed information alleging that the project was promised to be delivered in the year 2014 but was delayed, and an offer of possession of the plot was made in the year 2019 along with a club agreement.
It was alleged that certain clauses in the club agreement were unfair and discriminatory in nature and bound plot owners of the project, including the Informant.
It was noted that there were a number of RERA-approved real-estate developers such as Girdhari Constructions, Ashoka Ventures, Siri Sampada Homes, Sri Rama Bhoomi Developers, Vardhan Developers, etc., having residential plots available for sale in various areas/localities in the relevant market, i.e, the market for development and sale of residential plots in Mahabubnagar district in State of Telangana.
Several of these real-estate developers had a presence in the sector for many years and accordingly, OP did not enjoy a dominant position in the relevant market.
CCI Held
The CCI held that in the absence of dominance, no case of abuse of dominance in terms of section 4 of the Competition Act, 2002 was made out against OP. Accordingly, the Information was ordered to be closed in terms of section 26(2) of the Act.
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