NESTLE INDIA LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The Director General, Investigation and Registration, filed an application under section 36B(c) of the Monopolies and Restrictive Trade Practices Act, 1969 (for short "the MRTP Act') before the Monopolies and Restrictive Trade Practices Commission (for short 'the Commission') on 19/5/1988 with the allegation that the petitioner company, formerly known as Food Specialities Ltd, issued an advertisement in the Tribune dated 4/4/1988 announcing the holding of a contest under the caption 'Nescafe-Shake-take a cool break contest' for promoting sale of Nescafe Coffee and as per the terms of the advertisement each single entry was required to be accompanied by a innerseal of a Nescafe 50 gms jar or any empty 50 gms refill pack thereof.

(2.) Pursuant to the application, the Commission on 7/7/1988 issued a notice under Regulation 58 of the Monopolies and Restrictive Trade Practices Commission Regulations, 1974 (for short "the Regulations') to the petitioner calling upon it to comply with the requirements of Regulations No. 11, 57, 65, 67 and 84A in case it wished to be heard in the proceedings. The notice also stated that the petitioner had prima facie indulged in an unfair trade practice within the meaning of section 36A(3)(b) of the MRTP Act thereby causing loss or injury to the consumers. The petitioner being aggrieved of the aforesaid notice has filed the instant writ petition.

(3.) . It is not disputed that apart from the bald statement contained in the notice that the petitioner indulged in an unfair trade practice within the meaning of section 36A(3Xb) of the MRTP Act resulting in loss or injury to the consumers, there was, however, no reference to any evidence in support thereof indicating such a loss or injury to the consumers. The notice was not accompanied by any material substantiating the allegation.