On January 4, 2018, CCI dismissed an information filed against DS-Max Properties Private Limited (‘DS-Max’) by Mr. Induhar M. Patil. The informant alleged the contravention of Section 4 of the Competition Act by DS-Max.Mr. Patil had purchased a plot of land under the ‘Charming Heights’ project of DS-Max in Bengaluru for a total consideration of ₹ 14,92,500, of which ₹ 10,00,000 had to be paid in cash as DS-Max had refused to take this amount by way of a cheque. CCI noted that Mr. Patil was aggrieved with the fraudulent sale of land as a residential plot by DS-Max, which was originally allotted by the Karnataka Government to Scheduled Castes/Scheduled Tribes free of cost. DS-Max allegedly misled the buyers into purchasing the residential plots by promising to provide various amenities on this land and, subsequently, did not provide the concerned services which rendered the plot unlivable for Mr. Patil.CCI opined that though the agreement and the sale deed were entered into in 2006-2007 (before the relevant provisions of the Competition Act came into effect), the effects of the agreement and the sale deed were continuing, and the same could therefore be examined under the Competition Act. CCI opined that the case related to money laundering, corruption, and unfair practices, and did not raise any competition concerns. Moreover, no case under Competition Act could be made out since DS-Max was not in a position of dominance in the relevant market of ‘provision of services for development and sale of residential plots in Bengaluru’. Within this relevant market, there were several other real estate developers, selling residential plots, along with many plot owners selling their property through dealers or on online platforms, such as magicbricks.com and 99acres.com. In the presence of a number of players in the relevant market, DS-Max was held not to be dominant.

*Case No. 64 of 2017.