Allegations Of Breach Of Contractual Obligations And Unfair Trade Practices Don't Fall Within Purview Of Competition Act: CCI

Brief Facts of the Case

The informants were allotted plots in 2012 by Greenbay Infrastructure Pvt. Ltd., which were later shifted as the project was abandoned and due to disputes. The opposite party failed to deliver possession, OC and CC, and levied additional charges for compensation outside the payment plan. The RERA registration of the project had expired and was not renewed. The informants also alleged that the other party was involved in unfair trade practices.

Observation by the Commission

The Competition Commission of India (CCI) reviewed the submissions and noted that the grievances primarily pertained to breach of contractual obligations and alleged unfair trade practices by the opposite party. However, the issues involved were held to be beyond the scope of the Competition Act, 2002, which deals with competition concerns like anti-competitive agreements or abuse of dominance. No evidence was seen by the CCI of any contravention of Sections 3 (anti-competitive agreements) or 4 (abuse of dominant position) of the Act. Since the issue did not fall within the purview of competition law, the commission held that the informants were free to pursue their claims through appropriate forums like the consumer forum. The case was therefore closed under Section 26(2) of the Act with no interim relief.

Case Name: Anurag Gupta Vs. Greenbay Infrastructure Pvt. Ltd.

Case No: 20 of 2024

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