PHILIPS INDIA LIMITED Vs. RAKESH BHATIA

JUDGEMENT

(1.) This appeal arising from the order dated 14.10.1999 passed by the District Forum emanates from the misleading advertisement about a product known as Philips Power House Music System than the one sold to the respondent.

(2.) According to the respondent the said music system suffered from the following defects and discrepancies vis-a-vis the advertisement: (1) According to the advertisement it was mentioned to 500 Watts PMPO whereas it was only 450 Watts PMPO. (2) The advertisement showed that the said model has the matching speakers with AS 9500 Model with DH 928 whereas actually it was only DH 915. (3) In the advertisement it was mentioned that there are 17 functions in the remote control whereas it has only 3 functions.

(3.) The main contentions of the Counsel for the appellant against the impugned order are, firstly that the speakers given with the set had output of 500 watts and were of DH 928 as specified in the literature provided with the set; secondly that the concept of the power house system was that it was an expandable system where the consumer could purchase CD player, etc. without incurring extra cost on the system as there were many sockets or plugs that were supplied with the system; thirdly that the system in question had 10 remote functions and other 7 functions were provided only to make the CD player more functional and lastly that these features were clearly projected in the literature provided with the system as well as a catalogue and thus there was no kind of nexus between the advertisement and the article purchased.