Shri Jatin Kumar v. Estate Officer & Ors.
Case brief
What is this about?
The Competition Commission considered an information alleging abuse of dominance by HUDA officials regarding plot allotment. The Commission held that HUDA is an enterprise under the Act but found no competition concerns as the grievance related to service deficiency rather than market dominance. The matter was closed with no prima facie case of contravention.
What did the court decide?
No relief granted; the matter is closed under Section 26(2) of the Act.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
COMPETITION COMMISSION OF INDIA
Case No. 101 of 2015
In Re:
Shri Jatin Kumar HEWO Flat No. 61, Sector – 16A, Faridabad, Haryana Informant and
1. Estate Officer, HUDA, Faridabad, Haryana Opposite Party 1 2. Administrator, Huda, Sector-12, Faridabad, Haryana Opposite Party 2 3. Chief Administrator, HUDA, Sector-6, Panchkula, Haryana Opposite Party 3 4. Financial Commissioner - Principal Secretary Town & Country Planning Department, Haryana, New Secretariat Building, Sector-17, Chandigarh Opposite Party 4
CORAM
Mr. Ashok Chawla Chairperson
Mr. Sudhir Mital Member
Case No. 101 of 2015 Page No. 1 of 8
Mr. Augustine Peter
Member
Issues for consideration
3 issues framed by the court
Whether Haryana Urban Development Authority (HUDA) and Town & Country Planning Department function as an 'enterprise' under the Competition Act, 2002.
Whether the alleged non-refund of extension fees and non-execution of conveyance deed constitute abuse of dominance under Section 4 of the Act.
Whether a prima facie case of contravention of Sections 3 or 4 of the Act is made out against the Opposite Parties.
Parties & counsel
- petitioner
Shri Jatin Kumar
- respondent
Estate Officer, HUDA, Faridabad
- respondent
Administrator, Huda, Sector-12, Faridabad
- respondent
Chief Administrator, HUDA, Sector-6, Panchkula
- respondent
Financial Commissioner - Principal Secretary Town & Country Planning Department, Haryana
Case details
As recorded by the court registry
- Court
- CCI
- Decided on
- · December
- Case no.
- 101/2015
- Topic
- Property and Title
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