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2013 (12) TMI 51 - AT - Companies LawUnfair trade practice - false or misleading representation for the need or for the usefulness of the goods or services – Goods of Particular standard u/s 36A(i) of MRTP Act – manufacture and sale of kitchen chimneys - The main complaint appears to be on the terminology of "Lifetime Warranty Chimneys" and the seal bearing the words "Lifetime Faber Warranty" - Held that:- There was no falsehood is proved in any manner during the enquiry - Question is about the warranty to be misleading on account of its silence. We do not think that any purchaser, who goes to the shop to purchase the domestic chimneys, will not enquire about the life 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 investigation, the DG has remained very causal in not leading any evidence relating to any information or relevant facts – Decided against Revenue.
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