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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 ..... t or chimney which is manufactured and sold for the household use, known as kitchen chimneys. It is stated that in the wake of an impugned advertisement/pamphlets/brochures widely given to the public in all parts of the country, the respondent company has made some false claims. In para-4, in addition to the advertisement/pamphlets/brochures, the word 'booklets' is also mentioned. The main complaint appears to be on the terminology of "Lifetime Warranty Chimneys" and the seal bearing the words "Lifetime Faber Warranty". It is then suggested in the complaint that there is a misleading impression given by the respondent for alluring the public to buy the respondent's products even beyond their requirement with the object that if the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igation report in which the DG has concluded that the respondent had engaged in unfair trade practice, more particularly, described u/s 36A(i), (ii), (vi) and (viii) of the MRTP Act. During this investigation, the respondent produced a brochure where it described the lifetime warranty to be for 12 years. It was reiterated by the respondent and even at this stage, it is being reiterated that there was no advertisement issued and that these pamphlets and the brochures, which can be described as owners' manual, could be seen and obtained from the shops, where there is a clear cut idea given about the said terminology "Lifetime Warranty". Our attention was invited to page-34 of the record, where under the heading 'Lifetime Warranty", it is spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. 5. On consideration of all the materials, we are of the clear opinion that this is no case at all for interference or any action on the basis of the complaint or even as the case may be the Preliminary Investigation Report. 6. It must be stated that the DG did not choose to lead any oral evidence either of the complainant or of any customer to suggest that the manual was not made available before the purchase to anybody. 7. On this, we must consider the provisions relied upon by the DG. They are:- Section 36A(i) which is about the false representation that the goods are of a particular standard. We do not think that any falsehood is proved in any manner during the enquiry. Sub-section (ii) also relates to false representation that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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