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TMI Blog2018 (1) TMI 1755X X X X Extracts X X X X X X X X Extracts X X X X ..... PERSON AND JUSTICE BANSI LAL BHAT MEMBER (JUDICIAL) For Appellant(s): Mr. Shiv Bhatt and Ms. Kumkum Bhatt, Advocates. For Respondents: None ORDER Appellants Mrs. Nikunj Sisondiya (Appellant in Competition Appeal (AT) No. 02 of 2018) and Mrs. Rashmi Raj (Appellant in Competition Appeal (AT) No. 03 of 2018) filed information under Section 9(1)(a) of the Competition Act, 2002 (hereinafter referre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delay is condoned. 3. The brief fact of the case is that both the informants booked retail shops in the commercial project of Earth Infra i.e. Earth Express One at Plot no. 1, Sector Tech Zone, Greater Noida (UP) with flexi payment plan in the year 2012 and has executed separate MoUs with Earth Infra. Subsequently, provisional allotment letters were also issued by Earth Infra in their favor which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taking into consideration the materials on record, considered whether the allegations of dominance of Earth Infra is established and if so, whether the allegations of abuse of dominance is proved. 5. Taking into consideration the facts that in similar issues fell for consideration before the Commission in case no. 05 of 2016 (Mr. Mukul Kumar Govil and Others Vs ET Infra Developers Pvt. Ltd and An ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the consumer looking for a commercial/office unit in 'Noida and Greater Noida', may not prefer other areas. Thus, the relevant market is the market for "Provisions of services of development and sale of commercial space in Noida and Greater Noida". 7. In so far as Earth Infra's dominant position is concerned, the Appellants alleged misuse of its dominant position in not paying assured return ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of assured return i.e. 12% of the total money. However, the Learned Counsel for the Appellants failed to bring on any evidence to suggest that Earth Infra has dominance in the relevant market i.e. Noida and Greater Noida. In absence of any such evidence, it cannot be held that Earth Infra has misused its dominant position. 9. We found no merit in these appeals. They are accordingly dismissed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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