Debjyoti Bandhopadhyay vs Petroleum Conservation Research … on 20 May, 2002

Monopolies and Restrictive Trade Practices Commission
Debjyoti Bandhopadhyay vs Petroleum Conservation Research … on 20 May, 2002
Equivalent citations: I (2003) CPJ 46 MRTP
Bench: R Anand, R Sudhir


ORDER

R.K. Anand, Member

1. We have heard both the learned Advocates representing the applicant and the respondent on the issue of maintainability of the present proceeding. The applicant, is stated to have invented a device, named “GASFEST” and it is claimed that with the use of this device, saving of 40% of LPG can be obtained. The applicant approached the respondent for getting the device tested in its laboratory. The respondent accordingly, is stated to have got this LPG saving device tested in its laboratory at Dehradun. According to the report, submitted by the laboratory, the device does not show any fuel saving. It has also been stated that the respondent is a registered Society under the Ministry of Petroleum and Natural Gas. The respondent, in its reply, has stated that as the Petroleum Conservation Research Association is an association run, managed and controlled by the Ministry of Petroleum and Natural Gas, the present proceeding is not maintainable in view of the provisions of Section 3(a) of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred tp as. “the Act”). Not only the respondent has invoked the provisions of Section 3(a) of the Act, it has also stated that the applicant’s device does not lead to any fuel saving and, therefore, the certificate desired by the applicant can’t be issued. It has been further stated that the applicant’s claim with regard to fuel saving has not been substantiated. Keeping in view the test report as well as the objections, taken by the respondent, in its reply, we are of the view that no case of unfair/restrictive trade practices has been made out and also in view of the provisions
Section 3(a) of the Act, the present proceeding not maintainable and the same is accordingly dismissed, with no order as to costs.

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