SIPANI AUTOMOBILES LTD. Vs. TIRATH RAM BATRA

JUDGEMENT

(1.) This appeal is directed against an order dated 15.4.1997 passed by the Monopolies and Restrictive Trade Practices Commission, New Delhi ("the Commission" for short) in a review application filed in Civil Appeal No. 61 of 2003 whereby and whereunder the appellant herein was directed to pay unto the respondent a sum of Rs. 1,37,806.00 with interest at the rate of 18% per annum with effect from 2.2.1993, till the date of payment. The Commission also awarded costs of Rs. 2000 in favour of the appellant herein. The basic fact of the matter is not in dispute.

(2.) The respondent herein purchased a Montana diesel car from the appellant. He filed an application before the Commission purported to be under sec. 12-B of the Monopolies and Restrictive Trade Practices Act (the MRTP Act) alleging inter alia therein that the said vehicle had been giving trouble. By an order dated 7.2.1994, the MRTP Commission, while hearing the application of the respondent along with other compensation applications, passed an order awarding a sum of Rs. 10,000.00 by way of compensation with interest at the rate of 18% per annum and costs of Rs. 1000 each. Thereafter, the respondent herein filed a review application in terms of sec. 13(2) of the Monopolies and Restrictive Trade Practices Act, 1969 before the Commission praying for withdrawal of the said order contending that he should have been awarded a sum of Rs. 1,37,806.00, namely, the total amount of consideration for the said car as well as the costs incurred towards its repairs. Upon entertaining the said application the Commission framed the following issues for its consideration:

(3.) It is not in dispute that the respondent herein by way of evidence affirmed an affidavit in support of his claim but no evidence was adduced on behalf of the appellant herein. By reason of the impugned order, as noticed hereinbefore, the Commission awarded a sum of Rs. 1,37,806.00 with interest at the rate of 18% per annum in favour of the respondent herein.