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TMI Blog2024 (11) TMI 1000X X X X Extracts X X X X X X X X Extracts X X X X ..... y Maruti Udyog Limited), Indian subsidiary of the Japanese automaker Suzuki Motor Corporation, is a prominent automobile manufacturers in India. 3. As per the Information, in January 2023, bookings for the OP's newly launched Sports Utility Vehicle ('SUV') 'Jimny' were opened in the Indian market. The Informant booked 2 Alpha models (MT and AT) of the same by paying a booking amount of Rs.25,000/- each (which was earlier Rs.11,000/-). As per the Informant, such booking amount was to be deposited without knowing the price of the car and without knowing when the vehicle would be made available. The Informant has stated that the OP, without sharing prices and delivery time frame of the car, picked up over 30,000 bookings of 'Jimny' in the fir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be separately purchased by the initial customers. The OP called this model 'Thunder'. As per the Informant, there was a clear discount between the two models (Zeta MT and Thunder) of approx. Rs.2.30 lacs within just 5 months of 'Jimny' product launch. This phenomenally depreciated the value of the Informant's products. 7. As such, the Informant has stated that it addressed an e-mail dated 04.12.2023 to the OP to bring to their notice the sentiments of the initial loyal customers and how the OP had failed to protect their interest. In reply thereto received on the same date, the OP stated that there was no reduction in price of 'Jimny' and that discount of any product varies from dealer to dealer depending on many factors including inventor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ales) customers, and thus, it should be penalised as well as directed to refund the excess charged from the Informant for the 2 Alpha Jimny bought by him. 9. Further, as an interim relief, the Informant has also stated that till the time the Commission's inquiry in the matter is completed, the OP be stopped from any selling 'Jimny' cars in the Indian Market. 10. The Commission has perused the Information filed by the Informant and the documents annexed therewith. 11. The Commission notes that the basic grievance of the Informant is the alleged introduction of limited edition 'Thunder' Model of Maruti Jimny by the OP in India in June 2023, costing Rs.10.74 lacs, laced with several freebie accessories and extended warranty free of cost, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commission, in its final order dated 23.08.2021 passed under Section 27 of the Act had also noted the DG's observation that "In the upstream market, i.e., the passenger vehicles segment (which comprises passenger cars, utility vehicles and vans), MSIL had the highest market share in FY 2018-19, i.e., 51.22%, the second largest being 16.14% of Hyundai Motor India Ltd. Further, the DG found that MSIL's market share had shown a consistently growing trend from 2011-12 onwards." 15. It is however, also noted that in Suo Motu Case No. 01 of 2019 (supra), the Commission had not examined the conduct of the OP under the provisions of Section 4 of the Act, despite noting its high market share. 16. Further, it is noted that passenger vehicle se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... % respectively. 18. In light of the data extracted above, in the opinion of the Commission, the OP does not hold a market share large enough to enable it to operate independently of competitive forces prevailing in the market or to affect its competitors or consumers or the market in its favour, especially in the SUV segment of passenger vehicles. As such, the OP does not appear to be a dominant player in the market. Therefore, in the opinion of the Commission, a case of violation of the provisions of Section 4 of the Act cannot be made out against the OP. 19. Further, the Commission also notes that the grievance raised by the Informant is an inter-se dispute between the Informant and the OP regarding price of the product sold by the OP t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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