9911796707
TMI Blog2004 (4) TMI 323X X X X Extracts X X X X X X X X Extracts X X X X ..... Trade Practices Act, 1969 (hereinafter referred to as 'the Act'). 2. The appellant used to carry on business of hire-purchase as a sole proprietor of a firm. In connection with his business, he issued certain advertisements pertaining to the sale of products such as refrigerators, colour T.V. sets, mopeds, etc. A complaint was filed by an organisation claiming to be a consumer protection society against several persons including the appellant alleging that they had indulged in unfair trade practices within the meaning of the Act. Two preliminary enquiry reports were filed by the Director General who had been appointed by the Commission to hold an enquiry on the basis of the complaint against several parties. As far as the appellant is con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cing the scheme for the sale of his products and shall not indulge in the impugned unfair trade practice as per the notice of enquiry. The respondent shall not repeat the impugned trade practice by any advertisement or any other publicity material. The respondent is burdened with a cost of Rs. 500 which he shall pay within two months from the date of receipt of this order. This enquiry stands disposed of." 5. It is noteworthy that there was no independent finding of the Commission either that the appellant had indulged in the impugned practice or that the practice impugned was an unfair trade practice within the meaning of section 36A of the Act. 6. Subsequently but prior to January 8, 1990, an advertisement was issued by the appellant in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vertisement had been published and also after the order of the Commission. It is also submitted that there was no finding of the Commission that the second advertisement amounted to any unfair trade practice within the meaning of section 36A of the Act. 8. The original complainant has not appeared despite having been duly served. The Commission is represented through counsel. 9. We are of the view that the order under appeal cannot be sustained. Section 36A of the Act which defines 'unfair trade practice' provides that 'unfair trade practice' means a trade practice of the kind mentioned in that section for the purpose of promoting the sale, use or supply of any goods or for the provisions of any services. It is not clear as to whether the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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