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TMI Blog2024 (11) TMI 941X X X X Extracts X X X X X X X X Extracts X X X X ..... referred as "Opposite Parties/ OPs"). 2. OP-1 is the Indian arm of Toyota Motor Corporation, which as per the Informant, is the largest automobile manufacturer having approximately 11.5% of the total market share in the global automobile industry. OP-2 is an authorized dealer of OP-1 having showroom in Gautam Buddh Nagar District of Uttar Pradesh. 3. As per the Information, the Informant booked a car i.e., "Innova Hycross Hybrid ZX(O)" ("Car") on 25.11.2022 with OP-2. It is stated that OP-2 had assured the Informant that the booked car would be delivered to him within two months from the date of booking; however, the same was changed to eight months, when the receipt of the booking was issued to the Informant. It has been alleged that som ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the booked car was delivered to the Informant on 05.04.2023. However, since the issues highlighted required a deeper insight, the Informant again raised these issues by way of legal notice dated 14.04.2023 to the Opposite Parties. 8. OP-1, in its response dated 24.04.2023, reiterated that despite waiting period of 30-32 weeks, the Informant was delivered car on 05.04.2023. OP-1 further stated that the Informant accepted the booking slip with waiting period of 30-32 weeks without any protest and only after 4 months of issuance of the same, the Informant claimed that OP- 1 had arbitrarily increased waiting time for the delivery of the car. 9. OP-2, in its response, pointed that the customer (Informant) was made aware about the long wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her way of imposing conditions on the purchase of vehicles and increasing sale price. 12. The Informant has alleged that the conduct of the Opposite Parties i.e., first accepting bookings, then assigning arbitrary/ pick and choose policy for delivery of vehicle and in some cases, demanding premium for early delivery, are in violation of the Section 4(2)(a), 4(2)(c) and Section 3(4) of the Act. 13. In light of the aforesaid facts and circumstances, the Informant has prayed for the following reliefs: (a) passing an order under Section 26(1) of the Act and directing the Director General to investigate the present matter; (b) directing the Opposite Parties to cease and desist from abuse of dominant position; (c) directing the Opposite P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has a dominant position in the relevant market of 'strong hybrid passenger vehicles in the territory of India' and has violated provisions of Sections 4(2)(a)(ii) and 4(2)(c) of the Act. 17. At the outset, the Commission notes that OP-1, in its response dated 06.04.2023 to the Informant's notice dated 27.03.2023, has stated that the Informant was informed about the waiting period of 8 months at the time of booking of the car and that the Informant being keen on taking delivery of the car accepted the said waiting period. OP-1 has also stated that shortage of semi-conductors is beyond the control of the manufacturer and the same is causing delay in automobile industry. Further, OP-1 clarified that OP-2 is not an agent of OP-1 and their rela ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Accordingly, the allegations levelled above do not reveal any anti-competitive concern and consequently, the Commission finds no reason to carry out an analysis of abuse of dominant position by the Opposite Parties. 19. The allegation pertaining to RPM i.e., Section 3(4) of the Act requires the existence of an agreement amongst enterprises or persons at different stages or levels of the production chain in different markets in respect of production, supply, distribution, storage, sale or price of, or trade in goods or provision of services which causes or is likely to cause AAEC in India. The Commission notes that the Informant has not substantiated his allegation of RPM by way of any evidence to show the existence of any such agreement. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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