RAJAT VERMA Vs. PUBLIC WORKS (B&R) DEPARTMENT

JUDGEMENT

(1.) THE present information has been filed by Shri Rajat Verma (hereinafter, 'the Informant') under section 19(1)(a) of the Competition Act, 2002 ('the Act') against Haryana Public Works (B and R) Department (hereinafter, 'the Opposite Party No. 1') and its two officials alleging, inter alia, contravention of the provisions of section 4 of the Act. The allegations of the Informant are primarily against the abusive conduct of the Opposite Party No. 1 however, its officials have been made proforma party to the case.

(2.) THE Informant is a director of a company M/s. Dwarika Projects Ltd. and the Opposite Party No. 1 is stated to be a department of the Government of Haryana responsible for construction of roads, buildings, bridges, etc. in the State of Haryana.

(3.) AS per the information the Government of Haryana through the Opposite Party No. 1 had invited online bids for "Construction of Approaches to 2 Lane ROB at Level X -ing No. 78 -AB in Km 139 on Delhi Ambala Railway line crossing Nilokheri -Karsa -Dhand road in Karnal District" on 29.08.2012. It is the case of the Informant that being in a dominant position in execution of works of roads, buildings, bridges and other civil construction works in the state of Haryana, the Opposite Party No. 1 has abused its dominant position by incorporating unfair clauses in the bid document of the said tender which is in contravention of the provisions of section 4 of the Act. Following are some of the clauses of the bid document for the said tender which are allegedly unfair, discriminatory and therefore, abusive in nature in terms of section 4 of the Act: