- (1.) Three appeals are disposed of by this judgment. All three appeals have been preferred from an order passed by the MRTP Commission (hereinafter referred to as 'the Commission') on 31st May, 1996. The impugned order had been passed by the Commission on three separate complaints filed by the respondents between 25th April, 1987 and 27th June, 1987. The separate grievances in the three appeals raised by the respondents related to : (1) alleged unfair trade practice resorted to by the appellant under the MRTP Act, 1969 (referred to as 'the Act'); (2) restrictive trade practice resorted to by the appellant under the Act; and (3) compensation payable by the appellant to the respondent. Enquiry notices had been issued by the Commission in respect of the first two complaints.
(2.) The basis of the three complaints related to an offset machine which had been delivered by the appellant to the respondent in February 1987 at a price of Rs. 1,04,000/- (Rupees one lakh four thousand). It appears that the respondent had written to the appellant claiming that the machine was not performing satisfactorily. According to the appellant it had deputed its engineers to look into the complaint and necessary steps were taken to rectify what the appellant claims were feeling troubles. However, the respondent persisted with his complaint and ultimately filed the first complaint before the Commission, being UTPI No. 264/87. While that complaint was pending, an attempt was made to reconcile the disputes between the parties by the National Small Industries Corporation Limited (for short 'NSIC').
(3.) It appears from the letter dated 4th July, 1987 written by the NSIC to the respondent that this effort was made by the NSIC because of a complaint lodged by the respondent with it on 25-4-1987. NSIC had called for a response to the complaint of the respondent and has recorded in its letter that : "At this stage the basic design of the machine supplied to you cannot be changed. However, if you are interested to replace the machine with a new one the suppliers are agreeable to co-operate to that extent. If you so desire, please arrange to send the machine to the suppliers and collect the new machine after test and trial at the supplier's works in Bombay. In this way the to and fro transportation charges will have to be borne by you. Kindly intimate us your final decision so that the problem is resolved once for all.";