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2008 Supreme(SC) 575

ARIJIT PASAYAT, P.SATHASIVAM
Godfrey Phillips India Ltd. – Appellant
Versus
Ajay Kumar – Respondent


JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in these appeals is to the order of National Consumer Disputes Redressal Commission, New Delhi (in short the ‘National Commission’). One order was passed in exercise of revisional jurisdiction against the concurrent finding of the District Consumer Disputes Redressal Forum, Yamuna Nagar (in short ‘District Forum’) and State Consumer Disputes Redressal Commission (in short ‘State Commission’) dated 11.5.2001 and 12.7.2001 respectively. Commission has also issued directions.

3. The review petition filed was also dismissed, which also forms subject matter of challenge.

4. Background facts in a nutshell are as follows :

The respondent filed a complaint in respect of an advertisement given by the appellant, alleging unfair trade practices. The advertisement was issued in newspapers and magazines in 1999 for the cigarettes manufactured and sold by it under the brand name of “Red & White” in respect of which the directions have been issued.

The impugned advertisement apart from showing the packet of cigarettes with the aforesaid brand name stated “Red & White smokers are one of a kind”. The advertisement also shows the smi




































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