The Competition Commission has dismissed charges that realty major Emaar MGF Land had abused its dominant market position with respect to services for development and sale of commercial units in Gurgaon.
The case relates to Emaar MGF Land's commercial project 'The Palm Square' at Sector 66, Gurgaon.
The complaint was filed by Grammy Communications, which had applied for allotment in the project.
As the project did not commence, Grammy had sought refund of the deposit from Emaar MGF which was not given to it.
In an order dated September 11, Competition Commission of India (CCI) said that "previously also, an information was filed against the same builder (Emaar MGF) in respect of the same project (The Palm Square)...Wherein the Emaar MGF was not found to be in dominant position in the market of services for development and sale of commercial units in Gurgaon".
"...No further inquiry is required to be undertaken in the present case and the Commission is of considered opinion that, no case of contravention of the provisions...Of the (Competition) Act is made out against the opposite party (Emaar MGF) and the reference is ordered to be closed," the fair trade regulator added.
Despite repeated requests for refund Grammy had not got its refund following which it had filed for a civil suit before the Delhi high court.
The court in its order dated August 13, 2013 had observed that "it was a fit case which called for investigation by the Commission to examine whether the said documents and the conduct of Emaar MGF fall foul of the provisions of the (Competition) Act".
