Case No. 61/2011. Case: M/s. Abir Infrastructure Private Limited, Registered office at SF-2, Bhikaji Cama Place, New Delhi-110066 Vs M/s. Emmar MGF Land Limited, ECE House, 28, Kasturba Gandhi Marg, New Delhi-110001. Competition Commision of India

Case NumberCase No. 61/2011
JudgesAshok Chawla (Chairman), R. Prasad, Geeta Gouri, Anurag Goel and M.L. Tayal, Members
IssueCompetition Act, 2002 - Sections 3(1), 4, 4(1), 26(2) and 27
Judgement DateNovember 02, 2011
CourtCompetition Commision of India

Order:

Order Under Section 26(2) of the Act

  1. The informant in this case approached the Commission with a prayer that the Commission should initiate an inquiry against the Respondent (Opposite Party) into the alleged contravention of provisions of Section 3(1) or section 4(1) of the Competition act, 2002 and declare MOU dated 12th November, 2009 entered into between the applicant/informant and the respondent/opposite party to be void being in contravention of provisions of section 3(1) of the Competition act and declare buyers agreement issued by the respondent to the applicant for signature as an abuse of his dominant position and being violative of the provisions contained in section 4 of the Competition Act. He also wanted the Commission to penalize the respondent in terms of section 27(b) and that he be directed to refund an amount of Rs. 9 crores to the applicant which the applicant had paid as advance to the respondent. He also prayed that the respondent be further directed to pay compensation of Rs. 25 lacs to the applicant on account of harassment, mental agony, torture suffered by the applicant.

  2. The facts in nutshell for the purpose of considering this application are as under;-

    2.1 The Respondent/Opposite Party was developing a multi storeyed complex under the name and style of 'Digital Green' as per the requisite permission granted to the Opposite Party by Director, Town & Country Planning for IT/IT enabled services. The applicant was looking for commercial space for his own company's commercial use on purchase basis. An MOU was entered into between the applicant and the Opposite Party on 12th November, 2009 (Annexure 'C to the application). Clause 1 (d) of the MOU reads as under;-

    EMGF has made full disclosures to ABIR with respect to the title and requisite approvals obtained for the Project including the fact that the licence referred to in the Recitals is for IT/ITes and has assured that the Premises proposed to be allotted to ABIR in the Project can be put to use for commercial purpose and in case any charges become payable on account of such usage, EMGF undertakes to pay all such charges, as may be imposed by the statutory authorities in this regard. The base building specifications for the premises and its common areas and equipment is annexed hereto as Annexure I.

  3. The contention of the applicant is that since it was represented to the applicant that the space can be used for commercial purpose, the applicant...

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