MONO POLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION
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Sardar Ali, Member -
(1.) THIS order will dispose of an enquiry instituted under Section 10(a)(iv)/Section 37 of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as "the Act"), and regulation 51 of the Monopolies and Restrictive Trade Practices Commission Regulations, 1991, against Paras Brothers, 18-19, Bengali Market, Babar Road, New Delhi (hereinafter called "the respondent"). A complaint has been filed by Shri Om Prakash alleging that the respondent had overcharged him to the extent of Rs. 12 for 12 bottles of Bisleri Mineral of 1000 ml. per bottle. The bottles were purchased on July 23, 1990.
(2.) On the basis of this complaint the Commission directed the Research Wing of the Commission to investigate into the allegations made in the complaint and submit the preliminary investigation report (PIR). The preliminary investigation report was submitted on May 6, 1991, recommending the initiation of an enquiry against the respondent. The notice of enquiry dated July 2, 1991, was issued against the respondent returnable on August 12, 1991.
On receiving the notice of enquiry the respondent tendered a reply controverting the allegations made therein. The Director-General did not file a rejoinder and the following issues were framed :
(1) Has the respondent indulged in the restrictive trade practice as mentioned in the notice of enquiry ?
(2) Whether the said practice is not prejudicial to the public interest ?
(3.) MR. C. M. Sharma, the advocate appearing for the respondent, admitted that the respondent had sold the product in question for Rs. 84 per crate. Since the facts were admitted, the parties were left to address only on the question of law.;
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