Rajeev Nohwar v. Lodha Group
Case brief
What is this about?
The Competition Commission of India examined allegations of abuse of dominant position by a major developer regarding unfair contract terms. The Court defined the relevant market as residential flats in Pune city, found the developer not to be dominant given the presence of other competitors, and closed the information.
What did the court decide?
The information filed alleging contravention of Section 4 of the Act is ordered to be closed forthwith as no case of abuse of dominant position is made out.
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. 109 of 2015
In Re:
Rajeev Nohwar, S/o Mr. U.V.S. Nohwar, C-1104, Park Titanium, Park Street, Wakad, Pune-411057, Maharashtra ....Informant
And
Lodha Group (Represented Through), M/s Sahajanand Hi-Tech Constructions Private Limited (A Lodha Group Company) Lodhaexcelus, Level 2, Appollo Mills Compound, N .M. Joshi Marg, Mahalaxmi, Mumbai-400001, Maharashtra .....Opposite Party
CORAM
Mr. Devender Kumar Sikri Chairperson
Mr. S. L Bunker
Member
Mr. Augustine Peter Member
Mr. U. C. Nahta
Issues for consideration
2 issues framed by the court
Whether the Opposite Party enjoyed a dominant position in the relevant real estate market for the provision of services relating to development and sale of residential flats in Pune city.
Whether the alleged one-sided terms in the Agreement to Sell constituted an abuse of dominant position under Section 4 of the Act.
Parties & counsel
- applicant
Rajeev Nohwar
- respondent
Lodha Group
Coram
Devender Kumar Sikri
Case details
As recorded by the court registry
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