M/S. PREMIER ENGINEERS versus M/S. TAJ RUBBER INDUSTRIES AND ANR.

M/S. PREMIER ENGINEERS versus M/S. TAJ RUBBER INDUSTRIES AND ANR.

The sine qua non for invoking Section 36-A of the MRTP Act is an averment and proof of actual loss or injury to the consumer; since neither was present in the respondent's application, the MRTP Commission's order granting relief cannot be sustained and is set aside.

Parties
Appellant: M/s. Premier Engineers; Respondent No. 1: M/s. Taj Rubber Industries; Respondent No. 2: Monopolies and Restrictive Trade Practices Commission
Jurisdiction
India
Judgment Date
12 August 2005
Procedural Posture
Civil Appeal / Supreme Court Appeal From Order of MRTP Commission
Outcome
Appeal allowed; MRTP Commission's order set aside
Legal Topics
Unfair Trade Practice, Compensation, Monopolies and Restrictive Trade Practices Act, 1960
Competition Law Unfair Trade Practice Compensation Monopolies and Restrictive Trade Practices Act, 1960

Case Brief

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Parties

M/s. Premier Engineers

Appellant

M/s. Taj Rubber Industries

Respondent No. 1

Monopolies and Restrictive Trade Practices Commission

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Appeal From Order of MRTP Commission

Legal Issues

  1. 1 Whether actual loss or injury to the consumer must be pleaded and proved for action under Section 36-A of the MRTP Act
  2. 2 Whether the MRTP Commission's award of compensation was justified

Ratio Decidendi

The sine qua non for invoking Section 36-A of the MRTP Act is an averment and proof of actual loss or injury to the consumer; since neither was present in the respondent's application, the MRTP Commission's order granting relief cannot be sustained and is set aside.

Court Disposition

Appeal allowed; MRTP Commission's order set aside

Orders

  • Impugned order is set aside
  • No order as to costs