1. The respondent is a private limited company engaged in the publication of a periodical Competition Success Review. It was appointed on exclusive "franchises" of Linguaphone Institute Ltd., England for India, Bangladesh and Nepal in respect of their product with effect from January 1, 1984. It inserted an advertisement in the special December issue of Competition Success Review, offering prizes to those persons who would purchase a linguaphone course before December, 1984. According to the gift scheme, the prizes were to be decided by draw of lots. As it appeared to the Commission that by organising the gift scheme, the respondent had indulged in an unfair trade practice as defined under Section 36A(3)(b) of the Monopolies and Restrictive Trade Practices Act, 1969, the present enquiry under Section 36B(d) of the Monopolies and Restrictive Trade Practices Act was instituted.
2. The respondent, at first, contested the notice of enquiry but later came up with an application under Section 36D(2). This application contained an undertaking to the effect that "similar offer of prizes in respect of M/s. Linguaphone Institute Ltd., England, shall not be undertaken in future". Learned counsel for the Director-General has no objection to the acceptance of the application. We also find that the undertaking is unequivocal and unconditional and accordingly accept the application and close the enquiry. We, however, consider it necessary to make it clear that the acceptance of the application will not be a bar to any claim being made under Section 12B of the Monopolies and Restrictive Trade Practices Act.