Anurag Gupta Vs Greenbay Infrastructure Pvt. Ltd. (Competition Commission of India)
The Competition Commission of India (CCI) considered the case filed by Mr. Anurag Gupta and Mrs. Rashmi Gupta against Greenbay Infrastructure Pvt. Ltd. (OP) under the Competition Act, 2002. The Informants had made a series of allegations, claiming that the OP violated Sections 3 and 4 of the Act. The core of their grievance involved non-delivery of the plots they had paid for under an allotment agreement, which was linked to the ‘Curiocity’ project developed by Orris Infrastructure Pvt. Ltd., a partner in the OP. The Informants initially received plots C-1/1 and C-1/3 but were later forced to accept a different plot after the original land was sold off. Despite further payments made towards the new plot, possession was never granted, and the project was eventually abandoned, with the plots relocated to another project, ‘Greenbay Golf Village.’ However, delays continued, and the Informants claimed that the project was not developed as promised, with significant issues surrounding RERA registration, unapproved demands, and a lack of formal agreements.
The CCI, after reviewing the case, found that the issues raised did not fall within the scope of competition law concerns. The allegations focused on unfair trade practices and delays in project completion rather than anti-competitive behavior as outlined in the Competition Act. As a result, the Commission decided to close the case under Section 26(2) of the Act. Furthermore, the request for interim reliefs, such as halting demands and ensuring the delivery of the plot with proper certificates, was also rejected. The Commission directed that the Informants could pursue their claims through appropriate forums, as the issues raised were outside the purview of competition law enforcement.
