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1998 (8) TMI 449 - SC - Companies LawWhether the respondent indulged in the unfair trade practices as alleged in the application of the D.G. and contained a Notice of Enquiry issued on the basis of that ? Whether the said unfair trade practice is prejudicial to the public interest or to the interest of the consumer in general or to any consumer in particular? Held that:- Appeal allowed. The Commission should have noted with advantage the expenditure incurred by the appellants in the year 1984-85 and 1985-86 on advertisements and marketing of Horlicks, namely, Rs. 2,33,33,637 and Rs. 2,96,69,208 respectively and contrasted it with the expenditure on the prizes under the said scheme, namely, Rs. 52,250. That would have indicated fairly clearly that the appellants were right in stating that no part of the comparatively insignificant expenditure on the prizes had been recouped from the consumers of Horlicks. Thus it is difficult to hold that a consumer who bought a bottle of Horlicks that did not entitle him to a prize suffered a loss.
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