KRISHNA AND COMPANY Vs. RAJASTHAN STATE ELECTRICITY BOARD

JUDGEMENT

(1.) A Notice of Enquiry (NOE) was issued on 31.7.1996 under Sec.10a (i) read with Sec.37 of the Monopolies and Restrictive Trade Practices Act, 1969 (for brief the Act) to Rajasthan State Electricity Board, Jaipur on the basis of a complaint filed by Krishna and Company, B-483, Industrial Area, Bhiwadi, District Alwar, (Rajasthan) levelling allegations against the former that it indulged in restrictive trade practices within the meaning of Sec.2 (o) (ii) of the Act.

(2.) The facts of the case as contained in the NOE are reproduced below : the complainant entered into an agreement with the respondent on 9.8.1991 for supply of electrical energy at the factory premises of the complainant up to a maximum load of 1650 KVA upon terms and conditions in the said agreement, which was later increased to 1900 KVA. Clause 8 (d) of the said agreement reproduced below provided that excess load to the extent of 5% was also allowed thereby entitling the complainant to increase its utilisation of load up to 1995 KVA.

(3.) Clause 8 (d)-the load on the three phase of supply under the agreement shall be kept so balanced by the consumer that the difference in current between any two phase at the time of maximum demand shall not exceed 5% without the prior approval of the supplier in writing.