IN THE MATTER OF Vs. SINTER PLAST CONTAINERS

JUDGEMENT

(1.) THIS shall dispose of the Notice of Enquiry (NOE) issued by this Commission under Section 36A, Section 36B(d) and Section 36D of the MRTP Act, 1969 charging the respondent M/s. Sinter Plast Containers of having indulged in the unfair trade practice of disparaging the product of its competitors attracting Section 36A(1)(x) of the Act. The NOE was based on a complaint received from M/s. Nuchem Limited in which it has alleged that the respondent has given an advertisement which is "technically incorrect and misleading".

(2.) MEDIUM Density Fiber Board (MDF) is manufactured in India by only two parties namely the complainant M/s. Nuchem Limited and M/s. Mangalam Timber Plantations Limited. According to the information furnished by the complainant, MDF originally was evolved in the United States of America in the early 60's and the technology caught on because of its potential as an ideal replacement for natural timber. MDF has a smooth surface and more economical in terms of usage of paint in comparison with particle board, ply wood, black board etc. The complainant adds that MDF is the only panel material which can be "planned, routed, moulded without splitting, cracking, chipping". It has further pointed out that MDF is a "total substitute for natural timber and has been adopted globally for manufacture of door furniture's and industrial components" besides being safe to consumers.

(3.) THE complainant citing the said advertisement in the Economic Times of 9th Jan., '93 has alleged that this is a false and misleading statement and that it had been published "with a mischievous and mala fide intention to malign the MDF industry".