MANJUSHA GAS AGENCY Vs. BHARAT FUEL CO. LTD.

JUDGEMENT

(1.) BHARAT Fuel Company Ltd. (Rl hereafter) is engaged in the business of importing, bottling and marketing of Liquified Petroleum Gas (LPG). Shri Rakesh Kumar Sharma and Ms. Ritu Sharma are its Managing Director and Director respectively (R2 and R3 hereafter)

(2.) MANJUSHA Gas Agency (applicant hereafter) is the authorised dealer/distributor of Rl. The applicant has moved an application under Section 12 -B of the MRTP Act, 1969 charging the respondents of having indulged in certain unfair and restrictive trade practices and seeking compensation for the loss and damage suffered by it. The facts as silted by the applicant are briefly as follows :

(3.) THE applicant made a further payment of Rs: 1,41,900/ - on 4th October, 1995 and a further amount of Rs. 3,000/ - on 12th October, 1995. despite making the aforesaid payments, R -l did not supply LPG in adequate quantities. According to the applicant, he made a payment of Rs. 4,396/ - towards freight charges which should have been paid by R - 1. When the applicant pressed the respondents to supply LPG by refilling the empty cylinders, the latter directed the former to pay an advance of Rs. 25,000/ - for the next supply. THE applicant complied with this by paying the said amount on 13th January, 1996.