The anti-monopoly watchdog Competition Commission has let real estate player Emaar MGF off the hook for lack of evidence in an abuse of dominant position case against Silarpuri Colonizers.

In 2007, Silarpuri Colonizer, also a real estate player, had booked 90 flats in Emmar's project Palm Drive in Gurgaon. An understanding was arrived between the two parties regarding pricing, locations, construction and designing specification. Further, Emaar had assured various concessions for bulk bookings.

Emaar MGF is a joint venture between Dubai-based Emaar and Indian firm MGF.

However, despite paying Rs 9 crore as construction amount to Emaar between November 2007 and August 2008, no construction was started. The construction work for the said project began only by late November 2008. Silarpuri also alleged that Emaar had used alluring tactics by providing misleading information. The commission, after making a detailed reference to the clauses of agreement, said they were anti-competitive. However, due to lack of sufficient material on record, it closed the case.

“No material or data has been placed on record to suggest that the opposite party was a dominant player in Gurgaon. No averment has been made to show that the opposite party enjoyed position of strength in the relevant market which enabled it to operate independently of competitive forces prevailing in the market or consumers in the relevant markets,” the commission said.

The anti-monopoly watchdog also said that Silarpuri had not placed any material on record to suggest dominance of market position and, therefore, there was no case of abuse of dominant market position.

Closing the case, the commission, however, noted that Silarpuri could approach any other forum for redressal of its grievances.

>bindu.menon@thehindu.co.in

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