UNDER SECTION 26(2) OF THE COMPETITION ACT, 2002

The present information has been filed under section 19 of the Competition Act, 2002 (the Act) against M/s. BPTP Ltd. (hereinafter referred as Party No.1) & Others, who are engaged in the business of developing Business Parks and Residential Townships, for the alleged abuse of dominant position. The Parties No.2 to 9 are the Directors of the Party No.1.

2. The facts of the case, in brief, are as under:

2.1 The Information provider has submitted that the Party No.1 is engaged in the construction of residential apartments and Villa and invites public to purchase the apartments and Villas constructed by it.

2.2 As per the information provider, on the basis of the representation made in the advertisement issued by the Party No.1 he applied for registration of Villa measuring 225 sq. yds. in the project of Party No.1, namely "Park Land" at Faridabad and had made an advance payment also to Party No.1. As per the information provider, he had made subsequent payments in respect thereof.

2.3 The information provider has alleged that the Party had delayed in handing over of the possession of Villa and the information provider on making an enquiry came to know that the Party has already abandoned the project. On enquiry, the Party No.1, vide letter dated 23.03.2010, provided to the information provider various options like exit option, re-allotment option etc.

2.4 It has been alleged by the Information provider that the Party No.1 was never the owner of the piece of land on which they were selling as Apartments and Villas.

2.5 He alleges that the Parties are abusing their dominant position and imposing unfair and discriminatory condition on him for the return of the money deposited towards purchase of Villa from Party No.1.

2.6 The information provider, in support of his allegation regarding dominant position of Party No.1, had filed with Commission Draft Red Herring Prospectus on 22.11.2010 and submitted that the BPTP Limited, in its Draft Red Herring Prospectus, has claimed itself being the largest Real Estate Company in Faridabad. The information provider has emphasized that the Party No.1 being the largest Real Estate Company in Faridabad is in dominant position in Faridabad. He has also filed written submissions dated 13.12.2010 in which he has, with reference to the Red Herring Prospectus of BPTP, reiterated that the claim of BPTP Ltd. regarding it being the largest Real Estate Company in Faridabad be taken into account for its dominant position in Faridabad.

3. The Commission considered all the relevant material placed on record, oral submissions of the Counsel of the information provider and the written submissions dated 22.11.2010 filed by the Information provider in its meeting held on 16.12.2010.

4. On going through the information and the submissions on behalf of the information provider it is noted that the main grievance of the information provider is that the BPTP Ltd. had advertised for the sale of residential Villas in Faridabad without acquiring the ownership of the land for said Villas. It is also admitted case of the Party which is reflected from the reply submitted on behalf of Party BPTP Ltd. to the legal notice served by the information provider. The project which is subject of information could not materialize due to BPTP's inability to procure the land from the land owners. The BPTP Ltd., on its inability to acquire the land for the construction of the Villas, had offered exit plan, re-allotment option to the information providers.

5. The perusal of the terms and conditions of the application submitted by the information provider reveals that if Party No.1, BPTP Ltd. is not in a position to make offer of allotment for any reason, the applicant/information provider is entitled to a refund of the advance for provisional registration amount paid along with a simple interest @ 9% per annum from the date of such payment. According to the information provider, the possession o