Suo- motu filing of case by the State Government u/s 12 (1) (d) of C.P. Act 1986
The amendment of C.P.
Act in 2002 has provided authority to State Government for filing case as
"Representative of interest's of consumer in General" towards :
Curbing unfair trade practice or restrictive trade practice.
Compelling withdrawal of hazardous goods and or service from market.
Having awarded punitive damages etc.
The Government
of West Bengal under a notification dated 26.07.2006 and 31.10.2006 has authorised
Director, CA&FBP as suing authority on behalf of the State Government.
1. Director, Consumer Affairs& Fair
Business Practices -Vs-SBI Cards & Payments Service (P) Ltd
& ors (CC
No. 208 of 2007 )before Kolkata CDRF, Unit –I
Main Charges
Main Charges
1. Unsolicited loan and charging of annual
fees even after expiry of Credit Cards.
2. Wrongful billing, Charging premium for unsolicited insurance
3. Offer of gift voucher with the intention of not providing the same as offered.
4. Denial to acknowledge surrender of credit cards and/ or correspondence from consumer / Government.
5. Obstructing Govt. Officials to enter the city office of the company etc.
2. Director ,CA&FBP -Vs-The Raymond Shop & Ors.
( CC No 82 of 2007) before Kolkata CDRF Unit -1
Main
Charges
Misleading advertisement :up to 40% discount,"
condition apply" written in small font. The case was filed on 12.03.2007.
Hearings
held on different dates.
Appeal petition was filed at the State Commission against Order No. 18 dated 24.04.2008 of CDRF Kolkata Unit No.1
Final Position
:
It was ordered by the State Commission on 12.12.2008 that the compensation amounting to Rs. 10,000/- and cost of liti-
gation amounting to Rs. 1,000/- would be deposited to State Consumer Welfare Fund by the Raymond Shop & Ors.
3. Director, Consumer Affairs & Fair Business Practices – Vs – M/s Coca Cola Co. & Others.
(C.C No. 09/13 of
2009) before the Hon'ble State Commission, West Bengal.
Main
Charges :
Misleading advertisement involving "game of chances" for the purpose of promoting business interests as defined under
section 2(1)(r)(3)(b) of Consumer Protection Act, 1986 (as amended).
4. Director, Consumer Affairs & Fair Business Practices – Vs – M/s Britannia India Ltd.
(C.C. No. 356/08)
before Hon'ble Kolkata C.D.R.F., Unit – I.
Main
Charges :
A business promotion scheme floated by the company involving game of chance for the purpose of promoting business
interest which is an Unfair Trade Practices as defined under section 2(1)(r)(3)(b) of Consumer Protection Act, 1986 (as
amended).
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