INDIA PHOTOGRAPHIC COMPANY LIMITED Vs. H D SHOURIE

JUDGEMENT

(1.) Alleging that the appellant herein was selling the films as a representative of Kodak without price being printed on the packages containing films, the respondent filed a complaint before the District Consumers Disputes Redressal Forum, Delhi (hereinafter referred to as 'the District Forum') with a prayer for the issuance of appropriate directions to protect the interests of the consumers. It was contended that the price printing on the packages was mandatory under the provisions of the Packaged Commodities Rules promulgated under the Standards of Weights and Measures Act, 1976. The Appellant put all sorts of resistances in the disposal of the complaint. Writ petitions were filed in the High Courts of Andhra Pradesh and Kerala with prayer for setting aside the proceedings pending before the District Forum. The appellant, however, opted not to file any reply to the complaint. Being satisfied 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 interest of justice for the appellant-company to (i) publish the price of the film in a national daily fortnightly; (ii) to print notice on its invoice-asking the dealers to print or attach a price tag on the film before selling it to the customer, (iii) issue circulars to each dealer to print or affix a price tag on each film before selling the film to the customer and (iv) attach price tag on each unit in their own shop/outlet before it is sold to the customer.

(2.) Not satisfied with the order of the State Commission the appellant herein approached the National Consumers Disputes Redressal Commission (hereinafter referred to as 'the National Commission') who vide the order impugned dismissed the revision petition with the following observations:-

(3.) It is contended on behalf of the appellant that the District Forum, the State Commission and the National Commission were not justified in issuing the directions to the appellant as according to their learned counsel neither any rule nor any statute mandated or cast upon them an obligation to exhibit/publish or print the price on the film rolls being imported and sold in India by its distributor. It is submitted that sub-rule (2) of Rule 6 of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (hereinafter called 'the Rules') stood amended at the relevant time which excluded the dealer from affixing the price on the package of the film roll. The only requirement of law was to display prominently at a conspicuous place of the premises in which the retail business was being carried on, the rates at which the local taxes were leviable or at the most the price of the commodities sold.