Santosh Hegde, J. - (1.) This is a statutory appeal under Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969 (for short 'the Act') preferred against the order of cease and desist passed on 24-4-1991 under Section 37(1) of the Act by the Monopolies and Restrictive Trade Practices Commission (the Commission).
(2.) The Commission instituted a suo motu enquiry under Section 10(a)(iv) of the Act vide order dated 11-12-1987 against the appellant alleging 3 specific violations of the Act. Since the first two charges thus levelled against the appellant having been found 'not established', it is unnecessary for us to go into the facts of those charges. By the impugned order, the Commission held that the appellant has violated the provisions of Section 2(o)(ii) of the Act, hence, it had passed the order of cease and desist against the appellant under Section 37(1) of the Act, as stated above, and has further directed the appellant to pay interest at the prevalent bank rate on all the securities collected from the students of the appellant Institution as refundable security deposit.
(3.) The charge with which we are presently concerned in this appeal, reads thus : "3. The School is reported to have accepted refundable Security to the extent of Rs. 500/-. The Security dies not carry interest and to that extent an unjustified cost is imposed on the parents of the students to whom education is being imparted. It also attracts Section 2(o) of the M.R.T.P. Act, 1969." ;