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TMI Blog2013 (12) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... of the chimney. That life is clearly indicated in owners manual. We refuse to believe the claim that the owners' manual would be kept a secret till such time the sale is complete. If such a practice is adopted, that may amount to a separate unfair trade practice but that is also not a complaint that any customer has gone to a shop, demanded to see a manual and was refused by any shopkeeper or by the respondent company in any manner. This was certainly not a complaint which could have been referred to the Director General - the DG has wasted its energy in investigating such frivolous matters and thereby spending public money - Such complaints obviously should have been thrown out at the initial stage - Even on the question of investigatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said chimneys would be giving the performance for the whole life of the public till alive and life time of the buyers and the public, i.e. up to 100 years or beyond 100 years. This appears to be a claim in para - 4 of the complaint. In para-5, it is asserted that the respondent company had deliberately left and remained silent to indicate the qualities/performance of its various brands of the chimneys available by way of concealing the test report of the competent authority, i.e. BIS, along with its prices and any guidelines. In para-6, it is asserted that all this amounts to misrepresentation or deceptive and false representation, which creates confusion in the minds of the buyers in general including the pubic that they may not purcha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nty of this chimney is for lifetime. The life of chimney is for 12 years from the date of purchase. 2. The learned counsel appearing for the Director General very strongly suggests that this was a typical case of misrepresentation in as much as in the pamphlets only the words "Lifetime Warranty" appear without indicating as to what is meant by lifetime warranty and without mentioning anything about the life span of the product. The learned counsel goes on to suggest that this amounts to an active omission on the part of the respondent and thereby the respondent has falsely misrepresented and has made misleading statements in the advertisements. 3. The learned counsel appearing on behalf of the respondent, however, suggests that this doe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r standard, quality or grade. That also does not stand proved because the allegation of falsity has not been reiterated at all nor is it proved. 8. Sub-section (vi) is also about making of false or misleading representation for the need or for the usefulness of the goods or services. This paragraph clearly does not apply. Lastly, Sub-section (viii) is about the warranty or guarantee of a product or of any goods or services or if such purported guarantee or warranty is materially misleading or if there is no reasonable prospect that such guarantee, warranty or promise will be carried out. No material has so far been brought to be on record by way of evidence that the company had no intention of honouring any warranty, guarantee or the prom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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