CCI dismisses abuse of dominance complaint against WBSEDCL, NTESCL

The CCI has dismissed a

complaint against West Bengal State Electricity Distribution Company Ltd (WBSEDCL) and New Town Electric Supply Company alleging abuse of dominant position with regard to non-supply of electricity.

WBSEDCL is an electricity licensee of the West Bengal State Electricity Regulatory Commission, while New Town Electric Supply Company Ltd is a joint venture of WBSEDCL and West Bengal Housing Infrastructure Development Company.

The complaint was filed by Kolkata-based National Consumers Co-operative Federation of India, which had undertaken a joint venture residential housing project in New Town, Rajarhat, as per Competition Commission of India (CCI) order.

The complainant was aggrieved by the alleged delay in services to supply electricity by both the discoms that delayed completion of the project due to which the complainant had to face monetary loss.

 

The cooperative has alleged that this delay amounts to an abuse of dominant position by the discoms in contravention of the provisions of Section 4 of the Competition Act.

Section 4 pertains to abuse of dominant position.

For the case, the fair trade regulator considered "market for distribution of electricity in the licensed area of WBSEDCL served through its franchisee, NTESCL (New Town Electric Supply Company Ltd), in the state of West Bengal" as the relevant one and found that WBSEDCL to be in a dominant position.

"However the Commission observes that delay/ insufficiency of services on behalf of discoms in the instant case does not appear to be a competition issue," the order said.

The competition watchdog further said the complainant in the matter has not brought on record any material which inculpates discoms for an infraction of the provisions of Competition Act.

Therefore, the alleged conduct of the discoms does not fall foul of the provisions of the Competition Act, CCI said.

"The Commission is of the opinion that there exists no prima facie case and the information filed is closed," the CCI said in an order dated August 5.