HINDUSTAN TIN WORKS LTD Vs. PRERNA SEN

JUDGEMENT

(1.) This is a compensation application under Sec.12b of the MRTP Act, 1969 preferred by Hindustan Tin Works Ltd. (applicant hereafter) alleging that Ms. Prerna Sen (respondent hereafter) has indulged in certain unfair and restrictive trade practices causing loss and damage to the applicant.

(2.) The applicant is a Company incorporated under the Companies Act, 1956 and is engaged in the manufacture of tin containers for the use of the Food Processing Industry. The respondent Ms. Prerna Sen is an architect engaged in providing architectural services and inter alia undertaking the job of renovation of office premises, etc.

(3.) Around the first week of May, 1994 the respondent visited the office of the applicant and represented that she was competent and had the requisite resources, men and material and infrastructural facilities to undertake the job of renovation of the office of the applicant and that she would maintain high standards of quality, precision and performance. The applicant thereupon issued work orders for the facade for a value of Rs.1,35,000/-, for landscaping for a value of Rs.80,000/- and for furnishing the Managing Director's office for a value of Rs.1,60,000/-. The respondent further represented that if she was paid an advance she would complete the job in all respects upon which an amount of Rs.2,10,000/- was given by the applicant over the period 16th May, 1994 to 31st March, 1995. Besides this, the applicant issued to the respondent cement, steel and other construction material the cost of which was about Rs.70.000/-. The applicant has, therefore, stated that in the aggregate an amount of Rs.2,80,000/- stood paid to the respondent. According to the applicant, the respondent completed only the facade work and that too with a number of "defects, deficiencies and short- comings". No work in regard to the landscaping and furnishing of the Managing Director's office was carried out by the respondent. Styling the omissions and commissions on the part of the respondent as restrictive and unfair trade practices under Sec.2 (o) and Sec.36a of the Act, the applicant has sought compensation of Rs.1,45,000/- (Rs.2,10,000 + Rs.70,000 - Rs.1,35,000) besides an amount of Rs.25.000/- towards loss and damages suffered by it. The applicant has also sought interest on the amounts due and costs.