Mr. R.L. Sudhir, Member—The above listed Unfair Trade Practices Enquiry No. 47/89 and the Compensation Application No. 237/96 are connected matters arising from the same cause of action. The facts and points of law involved in both the cases are also identical, they shall, therefore, be disposed of by a common order.

2. Based on the complaint of M/s. Somaiya Organics India Ltd., the Director General (Investigation and Registration) [the DG in short] investigated the allegations made in aforesaid complaint and filed a Preliminary Investigation Report (PIR) dated 23.4.1991.

3. It has been stated in the PIR that the respondent, namely, M/s. Thermax Private Limited, Chinchwad, Pune, supplied two boilers to M/s. Somaiya Organics India Ltd. in 1987. These boilers were allegedly old and rusted. It is further alleged that the boilers suffered innumerable breakdowns and operated way below the required efficiency levels and never generated the contractually stipulated steam pressure. As a result, the applicant/informant suffered enormous losses. Although there was a warranty given for a period of 12 months, the respondent failed to rectify the aforesaid defects. In his PIR, the DG has con