Messrs. Zeal Pak Cement Factory Limited (the Undertaking) was asked to supply the ex-factory price per ton/bag as on March 25, 2003. The Undertaking was also asked to regularly supply the said information on weekly basis along with production and dispatches of each day of the week.
Reasons for any change in the price were also required. to be submitted. However, the Undertaking failed to supply the requisite information to the Authority. It was therefore, served with a Show- Cause Notice No.54 of 20022003 on June 25, 2003, in response to which the Undertaking supplied the requisite information vide its letter dated July 4, 2003. The Undertaking regretted that the letter dated March 25, 2003 could not be responded by it due to an oversight of the concerned dealing section at its factory. It intimated that steps have been taken to ensure that no such lapse shall take place in future and requested for condonation.
2. The matter was fixed for hearing on August 25, 2003 vide hearing notice dated August 13, 2003, in response to which Mr. Tanveer Ahmed Qureshi, authorized representative appeared on behalf of the Undertaking and argued the case. He admitted that the requisite information was not supplied by the Undertaking within the stipulated period and that the same was supplied after issue of the show-cause notice. He also mentioned that the information was now being supplied regularly on weekly basis.
3. After considering all facts of the case and the arguments of the authorized representative of the Undertaking, the Authority decided that the reasons given for the delay are not convincing and ordered to impose a penalty of Rs.15,000 (Rupees fifteen thousand only) under section 19(1)(a) of the Monopolies and Restrictive Trade Practices (Control and Prevention) Ordinance, 1970 on the Undertaking. The penalty shall be paid by the Undertaking within one month from the date of receipt of the order.