13-04-2015 - Heard the parties on the prayer for condoning the one day’s delay in filing this appeal.
2. On being satisfied with the grounds, the delay is condoned.
3. On merits, Mr. A.K. Lall, learned counsel for the appellant assailed the impugned judgement on various grounds.
4. On the other hand, Mr. Bibhash Sinha, learned counsel for the respondents supported it. He also filed a compilation of several judgements and orders passed by Hon’ble National Commission, different State Commissions, and submitted that this case is squarely covered. He also referred to some orders of the Competition Appellate Tribunal to show that in similar matters it was held that there was no unfair trade practices adopted by the respondents.
5 After hearing the parties and going through the records, we find that this case is squarely covered by the judgement dated 13.8.2008 passed in Appeal Case No. 241/2008 by Hon’ble State Commission Chandigarh, affirmed by the order dated 21.10.2008 passed in Revision Petition No. 3542/2008 by Hon’ble National Commission. It further appears that similar matters were taken to the Competition Appellate Tribunal but it was held that the practices adopted by the respondents cannot be stated to be unfair trade practice. Different State Commissions i.e. J &K State Commission, M.P. State Commission, H.P. State Commission, Mumbai State Commission and Assam State Commission have dismissed similar complaints filed by the different dealers of respondents, with regard to the scheme of respondents to give scholarship of Rs. 5 Lakhs to the child of winner of prize.
6. Accordingly, following the said judgements/orders by which, this appeal is squarely covered, it is dismissed.
Issue free copy of this order to all concerned for information and needful.
Ranchi,
Dated:-13/04/2015