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TMI Blog2024 (1) TMI 1385X X X X Extracts X X X X X X X X Extracts X X X X ..... acticing lawyer in Delhi. 3. KSRTC is an autonomous corporation established by the Government of Kerala under the Road Transport Corporations Act, 1950 to operate buses within and outside the State of Kerala. 4. It has been stated that in exercise of powers conferred under Section 100(2) of Motor Vehicles Act, 1988, the Government of Kerala vide Notification bearing No. GO(P) No.42/2009/Tran. dated 14.07.2009, approved a scheme in the public interest for providing an efficient, adequate, economical and properly coordinated passenger road transport service in relation to 31 routes all over Kerala to be run by the State Transport Undertaking, i.e. KSRTC. Thereafter, the said scheme was modified by the Government of Kerala vide Notification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... KSRTC is in a dominant position and has contravened the provisions of Section 4 of the Act. 9. The Informant has sought relief against KSRTC for its abusive conduct. The Informant has also sought interim relief under Section 33 of the Act to the extent of restraining KSTRC from operating buses on the Nilakkal-Pamba route during the season. 10. The Commission considered the matter on 16.05.2023 and decided to seek comments/response as well as certain additional information from the Government of Kerala and KSRTC, to be filed within four weeks. The Informant was also directed to file its response to the comments/response filed by the Government of Kerala and KSRTC within two weeks thereafter. Submissions of Parties 11. KSRTC and the Info ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b-section (1) and (2) of Section 67 of the Motor Vehicles Act, 1988 issued a notification vide G.O.(P) No. 17/2022/Tran. dated 30.04.2022 for revising fares of the stage carriage in the State of Kerala and fare is collected in accordance with the said notification. In addition, it has also been stated that the fares fixed in the above notification is applicable to both nationalized and non-nationalized routes and there is no separate fare system for the two categories of routes. 13. The Informant filed it rejoinder dated 12.10.2023 to the response filed by KSRTC. In the said rejoinder, while refuting the submissions of KSRTC, the Informant, has inter-alia, stated that at present 10 to 15 million pilgrims visit Sabarimala from across the wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice in the public interest. Such grant of exclusivity to KSRTC is a policy decision of the Government of Kerala and may not be considered as anti- competitive in the facts and circumstances of this case. With regard to the allegation of charging excessive fares, the Commission notes that the fares are fixed by KSRTC in accordance with the Notification dated 30.04.2022. The Commission also notes that the said notification is applicable to both nationalized and non-nationalized routes and has provisions for enhancement of rate of fares for: (a) Ghat roads and; (b) during the festival occasions as mentioned in the schedule appended to the said notification. The Commission further notes that the fares on per kilometer basis are being charged o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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