The Competition Commission of India transferred a complaint from MRTPC regarding alleged unfair trade practices by a gas agency. The Commission examined the grievance concerning price difference and non-supply of an item but closed the matter, deeming the issue petty and suitable for the Consumer Forum.
Complaint disposed of; investigation not conducted; matter closed.
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COMPETITION COMMISSION OF INDIA
File No.C-22/2009/DGIR (3/28) (Transferred from MRTPC)
^i p\ O
Shri Giriji Meena
Complainant
v.
Mohan Gas Service, Plot No.5, Scheme No. 2, .. Aiwar, Rajasthan-301001
Opposite Party
ORDER
Consequent upon the repeal of the MRTP Act, this complaint has been transferred to the1. Competition Commission under the provisions of section 66 (6) of the Competition Act, 2002.
2.1 The complainant took a new gas connection from respondent on 23 rd December,.2008. The manager of the respondent gas agency initially asked the complainant to pay Rs.1150/- for gas stove but subsequently,he was made to pay Rs.1395/- on the pretext that he will be provided gas pipe along with lighter also but in spite of complainant making many trips to the gas agency, the pipe and lighter were not supplied to him.
2.2 After receiving the complaint, the DGIR MRTP, undertook a preliminary investigation under section 11(2) into the allegations made in the complaint. Comments of the respondent were asked for after forwarding a copy of-the complaint.
2.3 When despite issuing several reminders, the respondent failed to submit his reply, a show cause notice under section.49 of MRTP Act was issued by DGIR.
"6. All investigations or proceedings other than those relating to unfair trade practices, pending before the Director General of Investigation and Registration on or before the commencement of this Act shall on such commencement, stand transferred to the Competition Commission of India and the Competition Commission of India may conduct or order for conduct of such investigation or proceedings in the manner as it deems fit."
1
5, So far as the instant complaint is concerned, on going through-the contents of-the complaint it is found that the only grievance of the complainant is that the opposite party charged a sum of Rs.1391/- instead of Rs..1150/- and the additional . charges were taken for supply of lighter and gas . pipe with the gas stove. The grievance of the complainant who is an individual relates to non supply of the equipments as promised by the opposite party. After taking into consideration the facts and circumstances relating to this matter and in particular, the petty nature of the matter, it would neither be expedient nor be justified to proceed further with the investigation or to conduct any other proceedings in this matter. At the most the prayer of the complainant appears to be for the redressal of a grievance which may be covered under the Consumers' Forum. Hence after considering the facts of this case, the Commission is of the view that no prima facie case is made out either under the provisions of MRTP Act or under the provisions of the Competition Act for conducting any investigation or for proceeding further into this matter. Hence the matter required to be closed at this stage.
7.. The secretary is directed to inform all concerned accordingly.
Sd/ - Sd/ - Sd/ - Member (G) Member (R) Member (P) Sd/ - Sd/ - Sd/ - Member (GG) Member (AG) Member (T)
Sd/ - Chairperson
1 issue framed by the court
Whether an investigation should be initiated against a gas agency for charging higher prices and non-supply of promised equipment.
3 provisions across 2 enactments
Shri Giriji Meena
Mohan Gas Service
Member (G)
Member (R)
Member (P)
Member (GG)
Member (AG)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
