MATTER OF EXPO MACHINERY LTD Vs. STATE

JUDGEMENT

(1.) PURSUANT to the complaints dated 9.1.90 and 15.12.90 of one Shri Vijay Kumar Jain, 1339 Krishna Gali, Bazar Guliyan, Delhi (hereinafter referred to as informant), the M.R.T.P. Commission has ordered the preliminary investigation under Regulation 35(1) of M.R.T.P.C. Regulations, 1974 (herein after referred to as Regulations) to be conducted by Director (Research). In the complaints the informant has alleged that M/s. Expo Machinery Ltd. (hereinafter referred to as respondent) has sold a defective refrigerator and has not rendered satisfactory after -sale service. The Director (R) simply prepared its report dated 10th May, 1991 on the basis of the comments/ reply furnished by the respondent and made the recommendation for institution of enquiry against the respondent under Section 36A(viii) (ii) of the Monopolies & Restrictive Trade Practices Act (hereinafter referred to as Act).

(2.) FINDING a prima facie case the Commission directed the issuance of Notice of Enquiry and therefore Notice of Enquiry dated 5th July, 1991 was issued to the respondent under Section 36A(1)(i)(viii) of the Act which, inter alia, reads as under:

(3.) NO rejoinder was filed by the director General and the issues were prepared on 6.9.91 as under: