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2022 (8) TMI 1195 - AT - Indian LawsUse of dominant position or not - installation and commission of home automation solution - contravention of the provisions of Section 3 or Section 4 of Act was made or not - allegation is that even after receipt of the payment as per work order, installation, programming and commissioning of the project was not done within the stipulated time - Scope of “group” as explained in Explanation (c) of Section 4 or Explanation relating to “Group” in Section 5 of the Act - HELD THAT:- On perusal of the facts noticed by the CCI in its impugned order, prima facie it appears that it was a consumers’ dispute without application of provisions contained either in Section 3 or Section 4 of the Competition Act. Learned CCI has rightly observed that Informant/appellant itself had admitted in letter dated 23.08.2018 sent to OP-1 with the subject “Deficiency in services and incomplete work as per the order No.4500015629 dated 06.105.2017”. Besides this it has been noticed by the CCI that there were number of players providing Smart Home Solutions in India and in such a situation there can not be element of dominance in the relevant market. Explanation of Scope of “group” as explained in Explanation (c) of Section 4 or Explanation relating to “Group” in Section 5 of the Act - HELD THAT:- The appellant has not brought on record any material to show as to how either of the Respondents were having control over the Management or having their shares, voting rights in consonance with three categories in Explanation (b) of Section 5 of the Act. There is no infirmity in the order and appeal is fit to be dismissed - Appeal dismissed.
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