On June, 11, 2018, CCI disposed off information filed by Shri Ashish Gupta against Panchsheel Buildtech Private Limited (‘Panchsheel’), and Tata Capital Housing Finance Limited (‘Tata Capital’), alleging anticompetitive collusion and abuse of dominant position under the provisions of Sections 3 and 4 of the Competition Act.The informant alleged that Panscheel and Tata Capital had colluded to ensure that the informant defaulted on EMI payments on loans taken from the latter for the purpose of purchasing a flat from the former. Such default, despite reminders by the informant, led to the informant’s CIBIL score being adversely affected, and ultimately the allotment of the concerned flat being cancelled by Panscheel. It was also alleged that Panscheel had even refused to return the initial booking amount paid by the informant.CCI observed that Panscheel and Tata Capital were neither horizontally nor vertically linked, and as such no contravention of Section 3 could be made out. Further, CCI noted that Panscheel did not occupy a position of dominance in the relevant market of ‘provision of services relating to development and sale of residential apartments/ flats in Noida and Greater Noida’, and as such any unilateral conduct of Panscheel in cancelling the informant’s booking could not be termed as an abuse of dominance. In light of the above, CCI disposed off the information under Section 26(2) of the Competition Act.

*Case No.14 of 2018.