On January 23, 2018, the NCLAT dismissed an appeal filed by Wing Commander Jai Kishan and Ms. Nikunj Sisondia (‘Buyers’), against an order of CCI dismissing an information alleging abuse of dominant position by M/s Concept Horizons Infra Private Limited (‘Concept Horizons’). As in the case against Earth Infrastructure discussed above, it was alleged that Concept Horizons was liable to pay an interest of 12% per month to the Buyers but had stopped making these payments since July, 2016. CCI found that in the market for ‘residential properties’ in the relevant geographic market of ‘Noida and Greater Noida’, Concept Horizons was not in a position of dominance and that the Buyers had failed to bring on record any evidence to support the same. CCI noted that there were several established large real estate developers in this market and Concept Horizons did not possess market power to act independently of the competitive forces or have the ability to affect its competitors or consumers in the relevant market in its favour.The NCLAT agreed with the reasoning of CCI and dismissed the instant appeal.

*Competition Appeal 04 of 2018.