Competition Commission of India
Suomoto vs North Delhi Power Ltd. & Bses & Ors. Main ... on 31 May, 2011
COMPETITION COMMISSION OF INDIA Dated : 31.05.2011 Case No. RTPE No. 19/2008 UTPE No. 45/2005 -I In Re: Suomoto case by MRTPC Vs. (i) North Delhi Power Limited (ii) BSES Rajdhani Power Limited; and (iii) BSES Yamuna Power Limited Opposite Parties Order under Section 27 of the Competition Act
'Per R. Prasad, Member (dissenting):
These two cases were received on transfer from the MRTP Commission under the section 66 of the Competition Act. The issues involved in these two cases are the same as discussed earlier and decided by the Commission in case number 6 of 2009. Both the cases were referred to the DG for investigation and DG has reported that this case is similar to that of case number is 6 of 2009. In the normal course a copy of the DG's report should have been sent to the parties concerned but in this case the said copies were not sent to the concerned parties on the ground that the issues have already been decided 'by the Commission. The majority view in the Commission was that there was no case and therefore the case had been closed.
2. in the earlier case 6 of 2009 I had not agreed with the majority view and had given a dissenting view. As the facts in this case are the same as in case number 6 of 2009 without discussing the issues in this case it is held that there has been a violation of section 4 of the Competition Act.
3. The directions given in this orderlwould be therefore relevant in this case also. The following directions are being given as%Ei:>.:t;.
(i) The opposite parties shgbtilg-"r ' all'fau'lty meters and ensure that such meters are not supplied cor} ers,-in fifiture.
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«hm Certified . i,» s ism 133:' ARKA H Office Manager Competition Commission of India .7 ' Government of India New Delhi ii4*}'7/0i\