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TMI Blog2015 (3) TMI 772X X X X Extracts X X X X X X X X Extracts X X X X ..... ida, UP. Since the matters pertain to same allegations, they are hereby clubbed and disposed off through a common order. 2. Briefly, OP, a real estate company incorporated under the Companies Act, floated a brochures for offering booking of flats in its residential project namely Himalaya Pride in Greater Noida West, UP ('the Project'), comprising of 2/3 bedroom apartments. Through the brochure circulated by OP, flats of four different super areas in Tower A & B were offered in the said Project. Relying on the representations made by OP in its various advertisements, the informants booked a flat each in OP's Project by opting construction linked plan ('CLP') on 28.09.2012 through an application cum registration form. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allotted to informants were changed, the floor plan was unilaterally changed etc. As per the informants, they adhered to the schedule and paid almost 50% of the total cost of the flat at the time of filing of the information. 5. Based on these allegations, the Informants prayed the Commission to direct an enquiry against OP for alleged abuse of dominant position under section 4(2)(a)(i) for imposition of unfair and arbitrary clauses of the application-cum registration form dated 04.03.2013. 6. The Commission has perused the material placed on record and heard the counsel of the informant at length. It was urged by the counsel of the informant that the interpretation given to the word 'dominance' by the Commission in earlier order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... they approached the OP to book an apartment each in OP's project. Therefore, the relevant product market in the present case appears to be market for 'development and sale of residential apartments'. 8. With regard to the relevant geographic market, it may be noted that the conditions of competition in Noida and Greater Noida seem homogeneous. The consumer can substitute between these geographic areas owing to their close proximity, which however may not be feasible with regard to areas outside Noida and Greater Noida. Therefore, the relevant geographic market in the present case would be 'Noida and Greater Noida'. Consequently, the relevant market in the present case would be the market for "development and sale of re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant market. Further the size and resources of OP does not seem to be much in comparison to these other players in the relevant market. Also there seems to be no entry barriers or any dependence of buyers on OP for any reason whatsoever. Therefore, prima facie, it does not appear that OP held a dominant position in the relevant market.
10. Since OP, prima facie, does not appear to be in a dominant position in the relevant market, there seems to be no question of abuse of its dominant position within the meaning of the provisions of Section 4 of the Act.
11. For the reasons stated above, the case deserves to be closed down under section 26(2) of the Act. The Secretary is directed to send a copy of the order to all concerned. X X X X Extracts X X X X X X X X Extracts X X X X
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