New Delhi: The Competition Commission has rejected a complaint against Dwarkadhis Projects which alleged that the real estate developer abused its dominant position.
Dismissing the complaint, the fair trade regulator said there was no prima facie evidence to suggest abuse of dominance by Delhi-based Dwarkadhis Projects.
"As much, dominance of the Opposite Party (Dwarkadhis Projects) in the relevant market is prima facie not established and so there is no question of abuse of the same," the Commission said in an order on October 11.
It said that there is no prima facie case for directing the Director General to carry out investigations into the matter.
The informant -- A K Jain -- had purchased a dwelling unit in one of the housing project in Haryana's Rewari district.
Apart from delaying the handing over of the unit, it was alleged that the entity sent a demand letter seeking payment of Rs 3,29,012 as charges for carrying out improvement work.
The complainant had prayed that the buyer's agreement and demand for charges be declared illegal apart from slapping penalty for delay in handing over the building.
"Even though the opposite party is alleged to be a leading real estate developer in the relevant market, there is no material on record to hold it a dominant enterprise in the relevant market," the order said.
According to the fair trade regulator,'provision of services of development and sale of residential units in Dharuhera in the state of Haryana' would be appropriate relevant market in this case.
However, Commission Member R Prasad expressed his dissent on the order.
"I am of the opinion that there exists a prima facie case to direct the Director General (DG) to cause an investigation to be made into the matter," he said in his dissenting order.
First Published: Wednesday, October 24, 2012, 14:54