D K PANDITA Vs. BRITANIA INDUSTRIES LIMITED

JUDGEMENT

(1.) A complaint has been made under Sec.36a of the MRTP Act, 1969 (the Act for brief), charging the respondent with adoption of and indulgence in unfair trade practices and alleging that two packets of biscuits manufactured and marketed by the respondent under the brand name "good Day" though purchased on 23rd May, 1997 bore the manufacturing date of 6/ 97 meaning that the biscuits were manufactured and packed in June, 1997 whereas the packets were actually purchased in May, 1997. The grievance of the complainant is that the respondent is misleading the public and selling old goods under new manufacturing dates and is falsely representing that the biscuits were manufactured in June, 1997. An application under Sec.12a of the Act has also been filed for interim relief in terms of restraining the respondent from selling its products in the market.

(2.) A Notice of Enquiry was issued to the respondent on 13.8.1997. In reply, while denying the allegation of unfair trade practices, it has been stated on behalf of the respondent that the packaging material (wrappers) required for pre- packing of "good Day" brand of biscuits and indicating therein 5/97, the month in which it was expected to be pre-packed had been exhausted before the close of the month of May, 1997 and packaging material (wrappers) intended to be used during the month of June, 1997 bearing 6/97 thereon had to be used for packing during the month of May, 1997. It has been further stated that this kind of use of packaging material is permissible under the provisions of Rule 6 (1) Proviso (B) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. It has been clarified that the use of pre-printed wrappers indicating June, 1997 for the production and sale of biscuits during May, 1997 is permitted under the law. It has also been stated that the present complaint is liable to be dismissed in view of Sec.3 of Standards of Weights and Measures Act, 1976 according to which provisions of this Act override the provisions of any other law.

(3.) On completion of the pleadings, the following issues were framed : (1) Whether the respondents are indulging in the unfair trade practices as alleged in the Notice of Enquiry (2) Whether the said unfair trade practices are not prejudicial to the public interest