CCI rejects complaint against realty firm Supertech

Competition Commission has dismissed allegations that realty major Supertech abused its dominant position with regard to a residential apartment in Uttar Pradesh.
In a complaint filed against the Managing Director of Supertech, Mohit Arora, it was alleged that the company tried to forfeit the booking amount and unilaterally cancelled the booking of the flat, located in Noida, Uttar Pradesh, without any notice.
To assess the complaint, Competition Commission of India (CCI) considered 'provision of services relating to development and sale of residential apartments/ flats in Noida and Greater Noida' as the relevant market.
Citing information available in the public domain, CCI said there are several real estate developers and as such Supertech does not appear to be dominant in the relevant market.

"These developers are competing with each other in the relevant market. Presence of such players with comparable projects in the relevant market indicate that buyers have the option to choose from various developers in the relevant market.
"These developers, thus, pose competitive constraints upon the OP (Opposite Party) in the relevant market," the watchdog said.

CCI also noted that the informant has not produced any material that indicates the dominance of Supertech in the relevant market.
"In the absence of dominance of the Opposite Party (Supertech), the question of examination of abuse of dominance does not arise. Further, no case under Section 3 of the Act is alleged or made out," CCI said in a recent order.

While Section 4 of the Competition Act pertains to abuse of dominant position, Section 3 relates to anti-competitive practices.