Case Law Details
MB Geeta Education Society Vs Varthana Finance Pvt. Ltd (Competition Commission of India)
The Commission observes that the main grievance of the Informant is that the OP allegedly abused its dominant position by filing a case against it under Section 25 of the Payment and Settlement Systems Act, 2007 before the Court of Learned Metropolitan Magistrate, 7th Court, Calcutta, which relates to “dishonour of electronic funds transfer for insufficiency, etc., of funds in the account”.
The Commission further notes that the Informant has not delineated any relevant market, nor has substantiated its claim that the OP is dominant in the market.
The Commission is of the prima facie view that the OP does not appear to hold any market power in respect of its activities, as many other bigger institutions/banks/ non-banking financial companies are providing loan facilities for various personal and business purposes, thereby allowing it to operate independent of many other entities offering similar services for the provision of various types of loans to consumers. Therefore, further analysis in relation to the allegations of abuse as contained in the Information is not required.
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