Tata Engineering and Locomotive Company Ltd. v. The Director (Research) o/b Deepak Khanna & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 2069 of 2006)Decided 7 Sept 2015
Civil Appeal No. 2069 of 2006
Justice Vikramajit Sen · Justice Shiva Kirti Singh

Background

In 1999, Tata Engineering and Locomotive Co. Ltd. (the maker of the newly launched Tata Indica) invited advance bookings from customers, charging a booking amount close to the final estimated price (including anticipated excise duty, sales tax and transport charges), with refunds (with interest if delayed beyond a month) for those not allotted a car in the first batch of 10,000. Three persons who were deterred from booking by the size of the deposit complained to the Monopolies and Restrictive Trade Practices Commission, alleging this amounted to an "unfair trade practice." The Commission investigated and ultimately ordered Tata to "cease and desist" from the practice, and Tata appealed to the Supreme Court under Section 55 of the MRTP Act.

Decision Breakdown

The Supreme Court held that the Commission's order could not be sustained. The Commission had confined its enquiry to four specific limbs of "unfair trade practice" under Section 36A(1) (clauses (i), (ii), (iv) and (vi)) but never actually found that Tata's representations were false or misleading under any of them: it instead relied on a generalised, subjective sense that charging more than the "basic price" was "unfair," which is not what the statute requires. The Court also noted the Commission had ignored its own Preliminary Investigation Report's acknowledgment that delayed refunds carried 10% interest, undermining the claim that customers were misled or harmed. Since none of the specific statutory unfair-trade-practice grounds was actually made out, there was no basis to invoke the cease-and-desist power under Section 36-D(1)(a), so the appeal was allowed and the Commission's order was set aside, with no order as to costs.

Lesson Learnt

A regulator cannot penalise a business for an "unfair trade practice" merely because a deal strikes it as subjectively unfair: it must point to a specific false or misleading representation falling within the legal definition, and must stick to the precise allegations it gave the business notice of.

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