Suresh Chander Gupta v. Vatika Limited
Case brief
What is this about?
Competition Commission examined an information alleging anti-competitive conduct and abuse of dominance by a developer in Gurugram. The Commission found Section 3 inapplicable to consumer agreements and determined the respondent was not dominant in the relevant market, closing the case.
What did the court decide?
None granted. The case was closed pursuant to 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. 26 of 2019
In Re: Suresh Chander Gupta, B – 175, First Floor, Sushant Lok Phase I, Gurugram-122009 Haryana And
Informant
Vatika Limited Vatika through its Director Gautam Bhalla 7th Floor, Vatika Triangle, Block A, Sushant Lok – 1, Gurugram 122002 Haryana
CORAM: Mr Ashok Kumar Gupta Chairperson
Ms Sangeeta Verma Member
Mr Bhagwant Singh Bishnoi Member
Order under Section 26(2) of the Competition Act, 2002
- The present information has been filed by Suresh Chander Gupta( “Informant” ) under Section 19(1)(a) of the Competition Act, 2002 (“ Act ”) against Vatika Limited( “Vatika” ), through its Director, Gautam Bhalla, alleging contravention of the provisions of Section 3 and 4 of the Act.
- As per the facts stated in the information, the Informant approached a property dealer in December 2012, for purchase of a residential flat in Gurgaon. The property dealer advised the Informant that Vatika is the top Developer in New Gurgaon and was developing ‘ Vatika Town Square ’, a commercial tower in commercial cum retail shopping complex on land at the junction of Dwarka Express Highway and Delhi- Jaipur Highway (NH-8).
Issues for consideration
3 issues framed by the court
Whether Section 3 applies to agreements between developers and consumers.
Whether the respondent holds a dominant position in the relevant market for commercial space in Gurugram.
Whether a prima facie case exists for prosecution of the informant.
Parties & counsel
- applicant
Suresh Chander Gupta
- respondent
Vatika Limited
Coram
Ashok Kumar Gupta
Case details
As recorded by the court registry
- Court
- CCI
- Decided on
- · October
- Case no.
- 26/2019
- Topic
- Property and Title
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