Court : Monopolies and Restrictive Trade Practices Commission MRTPC
Decided on : Dec-19-2003
Reported in : I(2004)CPJ7MRTP
..... mrtpc) to establish its locus standi for filing the present petition.6. learned counsel for the respondent contended that under section 3(1) and section 2(a)(viii) of the essential commodities act, 1955, the central government was fully empowered to issue the impugned circular and the respondent being under the administrative control ..... suffered financial loss.2. in its reply, the respondent has denied the allegations of restrictive trade practices and has contended that section 3(1) of the essential commodities act, 1955, empowers the central government to maintain or increase supplies of any essential commodity for securing its equitable distribution. it has ..... been further submitted that under section 2(a)(viii) of aforesaid act, petroleum and petroleum products are included within the definition of 'essential commodities' and in exercise of the powers thus vested with .....
Tag this Judgment!Court : Monopolies and Restrictive Trade Practices Commission MRTPC
Decided on : Dec-12-2003
Reported in : I(2004)CPJ10MRTP
..... show as to how the difference in the time schedule allowed for payment of dues tantamounts to manipulation of conditions of delivery or price as envisaged in section 2(o) of the act, we may also state that as held by their lordships of hon'ble supreme court of india in the case of smt. parvati devi v. rajasthan ..... kendriya bhandar and canteen store department vis-avis stockists/distributors. these practices are contended to be restrictive trade practices as covered under section 2(o) and section 33(1)(e) of the monopolistic trade practices act (in short "act). it is prayed that inquiries be instituted against the said respondents and cease and desist order be passed against them.2. in ..... view that notice of enquiry needs to be discharged on the facts as brought on record as well for the reason given in the paragraphs hereinafter. section 33(1)(e) of the act reads as under : (1) [every agreement falling within one or more of the following categories shall be deemed, for the purposes of this .....
Tag this Judgment!Court : Monopolies and Restrictive Trade Practices Commission MRTPC
Decided on : Mar-24-2003
Reported in : III(2004)CPJ1MRTP
..... further highlighted by non-representation of proceedings which have continued for a considerable period of time. thus the allegations of unfair trade practice covered under section 36a of the act stand established. these are prejudicial to public interest.5. as to the contention that the trade practice has since been stopped and as such ..... after making inquiries submitted a preliminary investigation report dated 11.11.1993 recommending inquiry against the respondent. accordingly, noe was issued under sections 36a, 36b(d) and 36d of the act for the alleged unfair trade practices against the respondent.2. pursuant to the notice of enquiry, the respondent admitted its liability to ..... dg was asked to serve the notice dasti. subsequently the dg furnished an application under regulation 65(1)(i) of the mrtpc regulations, 1991 read with section 151 of the code of civil procedure, 1908 stating therein that as per the information furnished by the registrar of companies, delhi & haryana, the company .....
Tag this Judgment!Court : Monopolies and Restrictive Trade Practices Commission MRTPC
Decided on : Jan-08-2003
Reported in : I(2003)CPJ154MRTP
..... rise to these proceedings and the points of law and facts involved are identical in both the cases.2. the applicant has filed compensation application under section 12-b of the monopolies and restrictive trade practices act, 1969 for recovery of a sum of rs. 4,50,000/- with interest at the rate of 18% per annum from 31.3.1990 ..... facie case having been made out, a notice of enquiry was issued in u.t.p.e. no. 5/96 and a notice of compensation under section 12-b of the monopolies and restrictive trade practices act, 1969 was issued in c.a. no. 3/96. the following issues were framed in these inquiries ; (1) whether the respondent is or has ..... of the respondent to honour its commitment to pay the deposited amount to the applicant/complainant, is a deficiency in service amounting to unfair trade practice as defined in section 36-a of mrtp act, 1969. the respondent is accordingly directed to cease the said unfair trade practices and desist from repeating the same in future.the respondent is further .....
Tag this Judgment!Court : Monopolies and Restrictive Trade Practices Commission MRTPC
Decided on : Jan-03-2003
Reported in : I(2003)CPJ124MRTP
..... of not only gross negligence, it is also guilty of adoption of and indulgence in unfair trade practices within the meaning of section 36a(1) of the monopolies and restrictive trade practices act, 1969 (the act for brief) in so far as it made a misrepresentation or false representation to the complainant that a flat would be allotted ..... to him but failed to offer the allotment and failure on the part of respondent also tantamounts to deficiency in service. section 2(r) of the act spells out definition of service and "service" envisages dealings in real estate. thus the present grievance of the complainant attracts the provisions of ..... section 36a(1) of the act and the impugned trade practice also appears to the prejudicial to the interest of the consumer.therefore, the respondent is directed to discontinue the aforesaid .....
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