DIRECTOR (RESEARCH) Vs. NAGDA GAS AGENCY

JUDGEMENT

(1.) THE present proceedings arose out of a complaint filed by one Shri Rajendra Jain Nagda. A Notice of Enquiry was issued by the Commission by an order dated 24.5.20001 The Preliminary Investigation Report has been placed on record, The respondent is stated to be a LPG Dealer of Indian Oil Corporation at Nagda, The complainant has alleged that the respondent has sold a LPG cylinder at a higher price than the approved/authorised price fixed by the Indian Oil Corporation. The complainant referred to the inspection of respondent's godown conducted by the District Food and Civil Supply Department on 9.1.1997. The inspection revealed that the respondent had sold 49 cylinders without issuing any bills to the unauthorised/unregistered consumers. The prevailing price of gas cylinder was Rs. 138.75 and at the time of spot inspection it was found that the respondent had sold 300 cylinders at a price of Rs. 140/ - . The averment is made that after taking into consideration rebate of Rs. 2/ -the effective price of the cylinder works out to Rs. 136.75 and the respondent over charged Rs. 3.25 per cylinder.

(2.) THE respondent filed reply to the Notice of Enquiry and stated at the outset that the complainant Shri Rajendra Jain is a journalist who is noted amongst other things for blackmailing. He keeps asking for advertisement and donations for his newspaper and allegedly was known for extorting money in the town. Therefore, the respondent was complained against and the present proceedings arose out of such considerations. We may refer the conclusions and recommendations as arrived at in the Preliminary Investigation Report as follows :

(3.) THE matter was sent for trial and the parties led their respective evidence. We have heard Mr. S.P. Pahwa, Advocate for the Director (Research) and Ms. T. Raj Kumari, Advocate for the respondent and perused the relevant record as well as the evidence placed on record. The main allegations which are made against the respondent are stated in the written submission of the respondent which are reproduced as below :