LAWS(NCD)-1999-10-61

MOHAN KUMAR SAINI Vs. OMNITEL INDUSTRIES LTD

Decided On October 05, 1999
MOHAN KUMAR SAINI Appellant
V/S
Omnitel Industries Ltd Respondents

JUDGEMENT

(1.) An application under Sec.13 (2) of the Monopolies and Restrictive Trade Practices Act, 1969 (in short MRTP Act) titled as review application has been filed on behalf of respondent namely Omnitel Industries Limited. It is prayed that the order dated 15th December, 1995 be recalled and compensation application as filed be restored.

(2.) The applicant/complainant Shri Mohan Kumar Saini filed compensation application alleging that the respondent has adopted and indulged in unfair trade practices in terms of Sec.36a (1) (i), (ii) and (iv) of the MRTP Act. The latter is in respect of hiring of 'pay phone' No.647 1244 from the respondent. The respondent defaulted in payment of dues to Mahanagar Telephone Nigam Limited (MTNL) and the phone came to be disconnected. In the meanwhile the respondent had already taken deposit of Rs.30,000/- from him. Neither the security nor the commission due to him as agreed upon was paid.

(3.) The matter was taken up for hearing from time to time and as the respondent had not appeared, the order was passed ex-parte against it on 15.12.1995. As per the order, the respondent was directed to refund Rs.36,000/- (including the refund of security deposit and other charges ).