Case: Hindustan Ciba Geigy Vs. Union of India &amp; Others

2. One H.D. Murzello made a complaint before the Director General of Investigation and Registration alleging unfair trade practice against the appellant herein as regards an advertisement issued by them which appeared in "The Times of India" dated 16th September, 1986 to the followingfamily background:Aerocols credibility as a wonder wood adhesive stems from 2 facts -* An addition to the Araldite and Aerolite family, it is a product from Hindustan Ciba Geigy";* Already a market leader in UK, it is known for living up to its promise".On the said complaint, the Director General was directed to make a preliminary enquiry. Upon such inquiry, a report was submitted on 15th April, 1987. On the basis of the recommendations made in the said investigation report, a Notice of Enquiry was issued by the Commission on 30th July, 1987 against the appellant herein, the relevant portion thereof is asrespondent abovementioned is engaged in selling adhesive under the trade name Aerocol. It had issued an advertisement that appeared in Times of India dated 16.9.1986, making claim that the product is manufactured by it. It has come to the notice of the Commission that the said product is manufactured by M/s Kiran Industries. The respondent by misrepresenting to the public that the product is manufactured by it while it is manufactured by some other company has caused loss and injury to the consumers and thereby indulged in the unfair trade practice falling within the purview of Section 36A(1)(v) of the Act.The respondent has also claim that its product is the market leader in United Kingdom. It has come to the notice of the Commission that the claim made by the respondent has not been duly substantiated by it. The respondent, by making such tall claim, as has caused loss and injury to the consumer and indulged in the unfair trade practice falling within the meaning of Section 36A(1)(i) of the Act".

Reasoning: 6. A bare perusal of the aforementioned provision would clearly go to show that an unfair trade practice would mean a trade practice which for the purpose of promoting the sale, use or supply of any goods or for the provision of any services, adopts one or more of the practices specified therein adopted and as a result thereof loss or injury has been caused to the consumers of such goods or services, either by eliminating or restricting competition or otherwise. It would furthermore clearly go to show that the two conditions precedent mentioned therein are required to be read conjunctively and not disjunctively.7. Thus, the aforementioned provision in our considered opinion, leaves no manner of doubt that an inquiry can be initiated against the notice not only when it adopts or one or more practices specified therein but also thereby it must cause loss or injury to the consumers.8. Furthermore from a perusal of the notice dated 30.7.1987 itself it would appear that definite allegations were made therein that by reason of the impugned action on the part of the Appellant, the consumers suffered loss or injury.9. The Commission, therefore, in our opinion, committed a manifest error in holding that the actual loss or injury need not be caused to the consumers.