9911796707
TMI Blog1996 (7) TMI 433X X X X Extracts X X X X X X X X Extracts X X X X ..... allegation in the complaint is that the applicant had opened one P.P.F. Account No. 2483 with the branch of respondent No. 2 at Jabalpur on 27-3-1980 and the same was transferred on 5-5-1986 to the respondent No. 2; that on 26-3-1992 the respondent No. 2 charged penalty of Rs. 660 called as revival charges for which the applicant raised its objections vide letter dated 5-6-1992; that the respondent No. 2 relying on the revival clause justified the penalty and the respondent No. 1 is also of the same view; that the applicant through this compensation application prayed that a sum of Rs. 607 wrongly and illegally recovered from him may be ordered to be refunded to him and also an interest of Rs. 370 compounded on Rs. 660 @ 18 per cent fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is of the material available on record. Pursuant to the aforesaid direction the respondent No. 1 filed its objec- tions and the applicant has filed his counter objections to those objections and on that basis the orders were reserved on that day. Without narrating all the objections regarding maintainability, the main contention of res- pondent No. 1 is that the provisions of M.R.T.P. Act, 1969 are not applicable to respondent No. 1. In this regard a Division Bench of this Commission in the matter of Gir Prasad v. Government of Uttar Pradesh [RJPE No.241 of 1995 dated 1-7-1996] has observed as under: "One is aware, that during the last few decades, there has been an enormous change regarding the conception of the function of the Gov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gn functions are concerned, we do feel, with a strong sense of conviction, that they should be outside the pale of the MRTP Act but insofar as non-sovereign functions are concerned, there cannot be one law for one set of bodies and another for another set of bodies. Thus, in our considered view, Government Departments rendering a service in terms of the definition of service in section 2(r) of the Act, will be governed by the provisions of the Act particularly those relating to restrictive, unfair and monopolistic trade practices. To emphasise, the only qualification, we would like to attach to our conclusion is that the Government Department concerned should be rendering service in terms of section 2(r) of the Act." [Emphasis supplied] ..... X X X X Extracts X X X X X X X X Extracts X X X X
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