J P SIRPAUL Vs. CITY GAS SERVICE

JUDGEMENT

(1.) This order shall dispose of a Restrictive Trade Practices Enquiry instituted under Sec.10 (a) (iv) and Sec.37 of the Monopolies and Restrictive Trade Practices Act, 1969 and Regulation 51 of the Monopolies and Restrictive Trade Practices Commission Regulations, 1991 on receipt of a complaint dated 29th April, 1994 from one Shri J. P. Sirpaul, Flat No.4051 A, Customs Colony, Chandigarh-160 023 (informant in brief), against M/s. City Gas Service, S. C. O.171, Sector 37c, Chandigarh (respondent in brief ).

(2.) The Commission after examining the complaint directed the Director General (Investigation and Registration) (the DG in brief), Bikanar House, Shahjahan Road, New Delhi to investigate into the matter and submit its preliminary investigation report within 45 days vide its order dated 30.9.1994. Based on the recommendations made by the DG in the PIR, the Commission was of the prima facie view that the respondent has indulged in the restrictive trade practices and ordered that a Notice of Enquiry (NOE) be issued against the respondent. NOE was firstly issued under Sec.10 (a) (i) and 37 of the MRTP Act, 1969. It was subsequently amended on the request of the DG that since there is considerable public interest involved as consumers were being provided refills with extra costs and the amended NOE was issued under Sections 10 (a) (iv) and 37 of the MRTP Act, 1969. Contents of amended NOE are reproduced below for proper adjudication of this case : "whereas the respondent is engaged in the business of supply of cooking gas and is an authorised dealer of M/s. Indian Oil Corporation Ltd. ; and whereas the MRTP Commission has received a complaint from one Shri J. P. Sirpaul, Chandigarh alleging that the respondent is charging Rs.3/- to Rs.5/- extra over and above the price of gas for delivery of refills; and whereas the DG (Iandr) has investigated into the complaint and has found that the respondent is indulging in the trade practice referred to above; the trade practice of charging Rs.3 /- to Rs.5/- extra over and above the price of gas for delivery of refills amounts to restrictive trade practice of manipulation of price and conditions of delivery of refills so as to impose unjustified costs and restrictions on the consumers within the meaning of Sec.2 (o) (ii) of the MRTP Act. XXX XXX XXX"

(3.) The amended Notice of Enquiry was despatched to the respondent on 23.5.1997 but there was no proof of service. In terms of Order V Rule 19a of the C. P. C, the service was considered in order vide Commission's order dated 5.11.1997 but the respondent never put in its appearance before the Commission. However, reply to the NOE was filed on behalf of the respondent through an affidavit of Col. R. C. S. Maan, 202, Sector 33-A, Chandigarh.