2020 (5) TMI 753

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....referred to as "Informants") filed Information with the Competition Commission of India ("Commission" for short) against 'M/s. Goel Enclave' (Respondent No.1/ Opposite Party No.1 hereinafter referred to as "OP-1") and eight others collectively alleging contravention of the provisions of Sections 3 and 4 of the Competition Act, 2002 (hereinafter referred to as "Act, 2002"). The Commission after consideration of the allegations in the Information was of the opinion that there exists no prima facie case. It accordingly closed the matter in terms of the impugned order dated 5th May, 2017 passed under Section 26(2) of the Act, 2002. Aggrieved thereof, the Informants have preferred the instant appeal assailing the impugned order as being legally ....

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....ilities for the residents was utilised illegally for raising eight more blocks, thereby shrinking the space for common facilities of residents. Thus, it was alleged, the gullible allottees were fleeced and duped of their hard earned earnings. The Commission, on consideration of the Information, found no substance in the allegations of abusive conduct of Ops-1 to 4 while other OPs, in its opinion, were an unnecessary surplusage in the Information having no role at all. The Commission was of the opinion that the relevant product in question was a residential flat in the geographic area of Lucknow which was the relevant geographic market. Thus, it found that the relevant market in the case was "the market for the provision of services for deve....