BANK OF RAJASTHAN Vs. STATE
LAWS(NR)-1996-4-1
MONO POLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION
Decided on April 03,1996

Appellant
VERSUS
Respondents

JUDGEMENT

Sardar Ali, Actg. Chairman - (1.) THIS order will dispose of a notice of enquiry dated October 30, 1992, under Section 10(a)(iv) and Section 37 of the Monopolies and Restrictive Trade Practices Act, 1969. The notice of enquiry is based on a complaint dated January 20, 1991, of one Shri A. L. Makhijani. In the complaint, it was alleged that the respondent bank is indulging in certain restrictive/unfair trade practices, namely :-- (i) The bank is opening savings account only if a recurring account is opened simultaneously. THIS linkage of a savings account with a recurring account is unfair to the consumer and is a restrictive trade practice. (ii) The bank is asking for a fixed deposit of Rs. 70,000 for giving a locker.
(2.) On receiving the complaint, the Commission directed to investigate into the matter under regulation 18 of the Monopolies and Restrictive Trade Practices Commission Regulations, 1991. The matter was investigated by the Director (Research), who submitted his preliminary investigation report, dated May 26, 1992. In the preliminary investigation report it was observed by the investigating authority that there was no evidence on record to sustain the charge of tie up of lockers with fixed deposits ; and the complaint of Shri A. L. Makhijani was based not on personal experience but merely on information and it was suggested by the Director (Research) that in the premises of the case the matter may be closed. However, it appears from the record that the notice of enquiry was directed to be issued returnable on January 13, 1993, which reads as under : Whereas the respondent, namely, Bank of Rajasthan Ltd., is a scheduled bank having its branch on A-E Block, Shalimar Bagh, Delhi.
(3.) WHEREAS a complaint dated January 20, 1991, was received from Shri A. L. Makhijani R/o A/E-148, Shalimar Bagh, Delhi, alleging, inter alia, that the respondent bank is asking for a fixed deposit of Rs. 70,000 for giving a locker.;


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