TMI Blog1999 (8) TMI 976X X X X Extracts X X X X X X X X Extracts X X X X ..... isfied that the High Courts, where the writ petitions had been filed on behalf of the appellant had not stayed the proceedings, the District Forum found that the complaint filed was in the general interests of the consumers who were entitled to know the price of the product which was required to be conspicuously displayed and if that was not done, the interests of the consumers would be jeopardised resulting in the charging of exorbitant price by the unscrupulous retailers dealing in the sale of Kodak films. Being satisfied that the action of the appellant was in violation of the rules applicable in the case, the District Forum vide its order dated February 28, 1989 directed the appellant to display the sale price of the film on the package in a manner so as not to violate the order of stay passed by the High Courts where writs were pending within one month from the date of the order under intimation to the District Forum. In appeal the State Consumer Disputes Redressal Commission (hereinafter referred to as `the State Commission') held that it would be in the in the interest of justice for the appellant -company to (i) publish the price of the film in a national daily fortnigh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terests of the consumers by making provisions for the establishment of consumer councils, other authorities for the settlement of consumer disputes and for matter connected therewith. The Act was enacted as a result of wide spread consumer protection movement. On the basis of the report of the Secretary General on Consumer Protection dated 27th May, 1983 , the United Nations Economic and Social Council recommended that the world governments should develop, strengthen and implement a coherent consumer protection policy taking into consideration the guidelines set out therein. Each government was obliged to set its own priorities for the protection of consumers in accordance with the economic and social conditions of the country keeping in view the needs of its people and bearing in mind the costs and benefit of the proposed legislation Government were to further provide adequate infrastructure including the establishment of public bodies as well as financial facilities to develop, implement and monitor consumer protection policies. The introduction of new products in the developing countries was to be assessed in relation to the local conditions having regard to the existing product ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made in accordance with the provisions of this Chapter as, to - (a) the name and address of the manufacturer, or where the manufacturer is not the packer, of the packer or with the written consent of the manufacturer, of the manufacturer; (b) the common or generic names of the commodity contained in the package; Explanation:-- Generic name in relation to a commodity means the name of the genus of the commodity, for example, in the case of common salt, sodium chloride is the generic name. (c) the net quantity, in terms of the standard unit of weight or measure, of the commodity contained in the package or where the commodity is packed or sold by number, the number of the commodity contained in the package; (d) the month and year in which the commodity is manufactured or pre-packed (e) the unit of the commodity contained in the packages: Provided that this declaration is not necessary in the case of packages packed in the standard quantities specified in the Third Schedule and the Sixth Schedule of these rules: Provided further that such declaration shall not be necessary in the case of packages of these commodities which are not specified in the Third Schedule b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingredient , soft drink, ready-to-serve fruit beverages, or the like, which is returnable by the consumer for being refilled; (iii) any bottle containing alcoholic beverages, or spirituous liquor; (iv) any package containing animal feed exceeding 15 kg or 15.1; (v) any package containing a commodity for which controlled price has been fixed by or under any law for the time being in force. Explanation I. The month and the year in which the commodity is pre-packed may be expressed either in words, or by numerals indicating the month and the year, or by both. Explanation II. Liquid milk does not include condensed milk. (2) Every dealer or other person who makes a retail sale of any commodity in packaged form shall, where local taxes have to be added to the price indicated on such package by the manufacturer or the packer, display prominently at a conspicuous place of the premises in which he carries on his retail sale, the rates at which local taxes are leviable in respect of the commodities sold in packaged form. It is contended that sub-rule(2) of Rule 6 alone was applicable in the case because the goods in the form of Kodak films were being sold by the distributor and not by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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