9911796707
TMI Blog2020 (5) TMI 753X X X X Extracts X X X X X X X X Extracts X X X X ..... the OP-1 holding the dominant position in the relevant geographic market i.e. Lucknow qua the development and sale of residential flats which is the relevant product market in the case. The Informants may have grievances in regard to the deficiency in services in as much as the quality of construction of the project may have been compromised by the Developer i.e. OP-1 and that the area earmarked for providing common facilities was partially utilised for raising more residential towers thereby shrinking the space reserved for common facilities at the cost of comfort of the allottees besides extracting more money in the form of additional charges for maintenance and parking space beyond the stipulations in the Agreement but that would be a br ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... einafter referred to as "OP-1") and eight others collectively alleging contravention of the provisions of Sections 3 and 4 of the Competition Act, 2002 (hereinafter referred to as "Act, 2002"). The Commission after consideration of the allegations in the Information was of the opinion that there exists no prima facie case. It accordingly closed the matter in terms of the impugned order dated 5th May, 2017 passed under Section 26(2) of the Act, 2002. Aggrieved thereof, the Informants have preferred the instant appeal assailing the impugned order as being legally unsustainable. 2. Shorn of irrelevant details the case set up by Informants before the Commission was that the Informants had booked two flats in Residential Housing Project styled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ottees were fleeced and duped of their hard earned earnings. The Commission, on consideration of the Information, found no substance in the allegations of abusive conduct of Ops-1 to 4 while other OPs, in its opinion, were an unnecessary surplusage in the Information having no role at all. The Commission was of the opinion that the relevant product in question was a residential flat in the geographic area of Lucknow which was the relevant geographic market. Thus, it found that the relevant market in the case was "the market for the provision of services for development and sale of residential flats in Lucknow". The Commission noticed that there were many other major developers of Real Estate like Sahara, Eldeco, Parsvanath, Antriksh Group, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a breach of the contractual obligation entitling the allottees to claim compensation. However, no competition concern can be raised on this core in as much as OP-1 as developer was only one of the players in the field having lesser resources and smaller volume as compared to other Real Estate Developers noticed herein above in this order. On consideration of the material on record and the reasons assigned by the Commission, we have no doubt in our mind that OPs 1 to 4 were not holding dominant position in the relevant market which, being residential apartment project is different from residential plot and commercial building projects, thereby justifying the conclusion that the relevant product market and the relevant geographical market hav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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