Home Case Index All Cases Companies Law Companies Law + SC Companies Law - 2002 (11) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2002 (11) TMI 359 - SC - Companies LawUnfair Trade Practice - Held that:- This Court has clearly held that for holding a trade practice to be an unfair trade practice, it must be found that it had caused loss or injury to the consumer. We may notice that on or about 1993 an amendment has been made whereby the words "causing loss or injury to the consumer" were omitted which also goes to show the law as it stood thence, ‘loss or injury to the consumer’ was a pre-requisite for attracting the provisions of section 36A(3)(b) of the Act. In interpreting the said provision, the ‘Mischief Rule’ should be resorted to. For the view, we have taken, the impugned judgments cannot be sustained, which are set aside accordingly. The appeals are allowed but in the facts and circumstances of the case, there will be no order as to costs.
|