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
- |
- Last Updated on 11 September, 2023
Latest from Taxmann
Case Details: Jitendra Bathla v. DLF Gayatri Developers - [2023] 153 taxmann.com 400 (CCI)
Judiciary and Counsel Details
-
- 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.
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Sign Up
To subscribe to our weekly newsletter please log in/register on Taxmann.com
Latest Books
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
