CCI rejects abuse of dominant position charges against Aerens

Fair trade regulator CCI has rejected a plea alleging that real estate company Aerens Jai Reality abused its dominant market position with respect to a residential project in Haryana.
A complaint filed by an individual had alleged that Aerens Jai Reality had imposed unfair prices and conditions on home buyers. Further it had indulged in practices which led to denial of market access to other players in the realty space.
The complaint was filed against the company, its managing director and another authorised person pertained to the residential project 'Rose Villas/Lotus Floors' in Aerens Jai City, Jagadhari, Yamunanagar (Haryana).
In an order released today, the Competition Commission of India (CCI) said that Aerens Jai Reality did not appear to be in a dominant position and therefore there was "no question of abuse of its dominant position by it within the meaning of the provisions of ... The (Competition) Act".

According to the watchdog though Aerens Jai Reality appeared to be one of the renowned builders in the residential market in Yamunanagar, "the active presence of other large well known builders in the relevant market indicates that the market is competitive and these players can pose enough competitive constraints to Aerens Jai Reality".
"Moreover, the presence of...Renowned builders is an indication of availability of wider choice to the customers in the relevant market," it added.
The complainant who had booked a tower with Aerens Jai Reality had submitted, among others, that at the time of booking the realty firm did not demand any 'Preferential Location Charge (PLC)'.

However, subsequently Aerens Jai Reality "with a malafide and dishonest intention", had included PLC in the schedule of due payment letters sent to the complainant.