New Delhi. Indian multinational company Emami Ltd has been fined Rs 15 lakhs for unfair trade practices. This decision has been given by a district consumer forum. The Central Delhi District Consumer Disputes Redressal Commission was hearing a complaint of unfair trade practices against the company for its product ‘Fair and Handsome’ cream.
A person had accused Emami Ltd that the company’s fairness cream advertisement is misleading and deceptive. The complainant said that he had bought the cream for Rs 79 in 2013, but the product failed to give him the promised result of fair skin. Forum Chief Inder Jeet Singh and member Rashmi Bansal passed this order on 9 December.
‘Did not get the right result…’
The complainant alleged, “The product was used regularly as per the instructions given on the packaging and label of the product. The cream was used on the face and neck twice a day for fast glowing fairness, but the skin did not become fair.
It also said that according to Emami Limited, the complainant was unable to prove that he had used the cream as per the instructions.
The forum said that there is nothing on record from which it can be concluded whether the complainant’s skin became fair after using the product or not. During this, the things written by the company were noted that to get the desired result from personal care products, many factors like correct use of the product and nutritious diet, exercise, healthy habits and hygienic living conditions are required.
The complainant cannot be blamed
The forum said, “Such strict conditions have not been mentioned on the packaging and labeling of the product. Another amendment in the written pleadings is that the product is for normal young males (not sick people) between the ages of 16-35 years. The packaging also does not elaborate on what the company means by sick person.
The forum said that Emami Limited cannot blame the complainant by alleging that the instructions were not followed. The consumer forum said, “The company knew that the instructions were incomplete and due to non-compliance of other factors, the result would not be achieved.”
The forum said that this proves misleading advertisement and unfair trade practice that such strategies were adopted to promote the product and sales. Emami Limited has adopted unfair trade practice by adopting misleading and deceptive factors through advertisement and packaging.
It said, “The complaint is partially accepted, with a direction that the company should stop unfair trade practices in relation to its product, withdraw those packages, labels, advertisements by its brand ambassador or others and present the information again through audio or visual or both and pay a punitive damage of Rs 14.50 lakh.” The forum said that the fine amount should be deposited in the Delhi State Consumer Welfare Fund, and the complainant should also be given Rs 50,000 as punitive damages and Rs 10,000 as litigation costs. Let us tell you that the hearing of the case went on for a long time and in 2015 the District Forum ruled in favor of the complainant, but later the Delhi State Consumer Commission returned the case to the forum and asked it to start the proceedings afresh by thoroughly evaluating the evidence.
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