VOLUNTARY ORGANISATION IN THE INTEREST OF CONSUMERS EDUCATION VOICE Vs. DELHI BOTTLING CO P LTD

JUDGEMENT

(1.) THE point for determination at present is as to what are the rights of a complainant, whether an individual consumer or a registered consumer association or a trade association, which files a complaint under Section 10(a)(i) or 36B(a) of the Monopolies and Restrictive Trade Practices Act, 1969, and as to whether such complainant is entitled to pursue the complaint, fully participate in the proceedings by way of producing evidence, cross-examining the witnesses of the respondent, administering of interrogatories, making application for discovery of documents, etc., or he has merely to watch and has only a right of addressing arguments if so permitted by the Commission and it is the Director-General of Investigation and Registration who has to have full charge of the proceedings and pursue the same.

(2.) The aforesaid point arose in the present enquiry (UTPE No. 151 of 198'6) as well as in similar enquiries bearing UTPE Nos. 152 and 153 of 1986 on account of an objection of counsel for the respondents to the effect that according to the provisions of the Monopolies and Restrictive Trade Practices Act and Regulation 73(5) of the Monopolies and Restrictive Trade Practices Commission Regulations read with Rule 13A of the Monopolies and Restrictive Trade Practices Rules. It is only the Director-General who is entitled to pursue the entire enquiry and the complainant does not have any right to participate, unless the enquiry, instead of being a public interest one, is to resolve an inter se dispute between an individual or a group of individuals on the one hand and another person as respondent on the other hand. In this respect, the following order was passed by Shri D.C. Aggarwal who singly constituted the Commission on July 23, 1987 :

(3.) BEFORE we proceed further, it is necessary to give some facts as to how the enquiries were started.