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TMI Blog2013 (5) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... ities both in public and private sector providing finances for the commercial vehicles throughout the country and as such market share of 8% could not be a pointer to the respondent enjoying a dominant position in the relevant market. Thus, the CCI has dismissed the matter suggesting that there has been no contravention of either Section 3 or 4 of the Act. As for the matter of interest charged, the CCI was not expected to examine the rates of interest or as to whether the interest was excessively charged unless the CCI came to the conclusion that this was nothing but the abuse of the dominance. Appeal is dismissed. - 114 OF 2012 - - - Dated:- 13-3-2013 - V.S. SIRPURKAR, RAHUL SARIN AND MRS. PRAVIN TRIPATHI, JJ. ORDER:- 1. This d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... formant was actually asked to sign on the dotted lines with the attitude of take it or leave it. 3. The Commission has gone thoroughly into the report of the DG and has found fault with the finding of the DG that the respondent was in a dominant position. It has noted the observation of the DG that the respondent had the market share of about 25% in pre-owned vehicles finance and 8% in the case of new truck finance. It is admitted position that this was a loan for new trucks. The CCI found that there were number of entities both in public and private sector providing finances for the commercial vehicles throughout the country and as such market share of 8% could not be a pointer to the respondent enjoying a dominant position in the releva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material on record provided by the informant much less argued before us. Under the circumstances, we are constrained to hold that the finding of the CCI was correct. No arguments were advanced before us for breach of Section 3 of the Act. 6. Under the circumstances, we agree with the judgment of the CCI. 7. The learned counsel also argues that the interest charged by the respondent was excessive to even 9% which was much more than the contractual interest. He also alleges that ledger of the company was not produced before the DG though it was asked for. As the Authority under the Act, the CCI was not expected to examine the rates of interest or as to whether the interest was excessively charged unless the CCI came to the conclusion tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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