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2018 (11) TMI 1042 - Commission - Indian LawsPartition of property - private injury - dishonor of the cheques issued by the OPs and cancellation of development agreement - contravention of the provisions of Sections 3 of the Act or not? - Held that:- The Commission notes that though the Informant has alleged contravention of the provisions of Sections 3 of the Act, yet looking at the nature of the allegations, the provisions of Section 3 of the Act have no application to the present case as the Informants and the OPs are neither operating at the same level in the market, i.e Section 3(3) of the Act, nor are they part of the same production/ supply chain, i.e. under Section 3(4) of the Act. The facts disclosed in the instant case are purely a consumer/ contractual dispute, beyond the purview of the Act. The allegation of non-performance of the conditions of the Development Agreement, does not raise any competition concern as there is no Appreciable Adverse Effect on competition from the same. Further, dishonor of the cheques issued by the OPs and cancellation of development agreement, as alleged in the instant case, are not the mandate of the Commission - the facts disclosed in the instant case are purely a consumer/ contractual dispute, beyond the purview of the Act. The allegation of non-performance of the conditions of the Development Agreement, does not raise any competition concern as there is no Appreciable Adverse Effect on competition from the same. The Commission is of the opinion that no case of contravention of the provisions of Sections 3 of the Act is made out against the OPs - application disposed off.
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