Lt. Col. Anjani Kumar Singh v. /s. City Corporation Ltd..
Case brief
What is this about?
The Competition Commission of India examined an informant's complaint of abuse of dominant position by a property developer in Pune. The Commission defined the relevant market and found the respondent was prima facie not a dominant player, thereby not attracting Section 4. The matter was closed under Section 26(2).
What did the court decide?
Matter closed under Section 26(2) of the Act; Secretary directed to inform parties.
What the court decided
COMPETITION COMMISSION OF INDIA
(Case No. 46 of 2013)
In Re:
Lt. Col. Anjani Kumar Singh Informant And City Corporation Ltd. Opposite Party CORAM: Ashok Chawla Chairperson Geeta Gouri Member Anurag Goel Member M.L.Tayal Member Justice (Retd.) S.N. Dhingra Member S.L. Bunker Member
Present: Informant in person.
Order under Section 26(2) of the Competition Act, 2002
- The informant Lt. Col. Anjani Kumar Singh booked a 2 BHK flat in Amanora Park Town, Hadapsar Kharadi bypass, Pune, a project developed by City Corporation Ltd.(‘OP’). The
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informant made a payment of Rs. 1,00,000/- on 14.12.2010 as booking amount and was allotted Unit no. 011-01-01, in Tower no. 011. The informant subsequently made a payment of Rs. 3,66,000/-.
- 1.1 After booking the flat, the informant enquired about the agreement to lease from the OP’s customer care executive and was informed that the same was under preparation. He then pursued one Mr. Vikrant Talukdar, Marketing Executive of Amanora Park Town, who kept dilly dallying the issue on one pretext or the other and later stopped taking the informant’s calls. The informant then wrote emails on various dates (14.10.2011, 23.10.2011, 09.01.2011) asking about the agreement to lease. The informant received a response from Mr. Talukdar on 10.01.2012 that there was delay due to new township rules and regulations and signing of registration agreement would begin in February 2012.
Issues for consideration
3 issues framed by the court
Whether the relevant market for development and sale of residential flats in Pune renders the respondent in a dominant position under Section 4 of the Act.
Whether the allegations of abuse of dominant position by the respondent can be sustaind in the circumstances found.
Whether the matter deserves to be closed under Section 26(2) of the Act based on absence of dominance.
Parties & counsel
- other
COMPETITION COMMISSION OF INDIA
- petitioner
Lt. Col. Anjani Kumar Singh
- respondent
City Corporation Ltd.
Coram
Case details
As recorded by the court registry
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