Case No. 42 of 2014. Case: K.N. Choudhary Vs Delhi Metro Rail Corporation Ltd.. Competition Commision of India
| Case Number | Case No. 42 of 2014 |
| Counsel | For Appellant: O.P. Dua, Senior Advocate and Rahul Singh, Advocate |
| Judges | Ashok Chawla, Chairperson, Anurag Goel, M.L. Tayal, S.L. Bunker, Sudhir Mital and Augustine Peter, Members |
| Issue | Competition Act, 2002 - Sections 19(1)(a), 26(2), 33, 4 |
| Judgement Date | September 03, 2014 |
| Court | Competition Commision of India |
Order:
Order under section 26(2) of the Competition Act, 2002
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The present information has been filed under section 19(1)(a) of the Competition Act, 2002 ('the Act') by Shri K.N. Choudhary ('the informant') against M/s. Delhi Metro Rail Corporation Ltd. ('the opposite party No. 1'/DMRC), M/s. Kochi Metro Rail Limited ('the opposite party No. 2'/KMRL) and Ministry of Urban Development ('the opposite party No. 3') alleging inter alia contravention of the provisions of section 4 of the Act.
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Facts, as gathered from the information, may be briefly noted:
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The informant has described himself as a citizen who is concerned with the welfare of the country and has filed the present information upon coming to know about the alleged discrepancies in the tendering process of the opposite parties.
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The opposite party No. 1 i.e. DMRC is a public limited company. Its primary business is stated to be the operation of Delhi Metro in the NCR region. Besides, it is averred that DMRC is also engaged in planning and implementation of metro rail, mono rail and high-speed rail project in India and abroad.
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The opposite party No. 2 i.e. KMRL is also a public limited company by way of a joint venture company between Government of India and Government of Kerala. The primary business of KMRL is stated to be the operation of Kochi Metro which is further stated to be under-construction for the city of Kochi in Kerala, India.
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It is further averred that the opposite party Nos. 1 and 2 operate under the aegis of the opposite party No. 3 Ministry which controls the operations of the opposite party Nos. 1 & 2.
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It is the case of the informant that on 08.01.2013, opposite party No. 1 and opposite party No. 2 signed an agreement for execution of the first phase of the Kochi Metro Rail Project. As per the agreement, opposite party No. 2 will be the project owner and opposite party No. 1 shall be the executing agency and will be responsible for executing the works of the Kochi Metro rail project. As per the agreement, opposite party No. 1 shall invite tenders on behalf of opposite party No. 2.
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The informant avers that in July, 2013 the opposite parties floated a tender (No. RS. 12) for design, manufacture, supply, testing, commissioning and training of 75 Nos. standard gauge cars for Kochi Metro rail project. However, the said tender could not fetch more than two bidders and was later on scrapped.
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It is further averred that the opposite parties later invited fresh bids by re-tendering the same in the month of March, 2014 for...
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