H M M LIMITED Vs. DIRECTOR GENERAL MONOPOLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION

JUDGEMENT

(1.) UNDER appeal is the judgment and order dated 11/05/1989 passed by the Monopolies and Restrictive Trade Practices Commission (hereinafter referred to as "the Commission"). It held that the appellants were guilty of an unfair trade practice within the meaning of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as "the said Act"). It required the appellants to desist from indulging in trade practices similar to that which had been held to be an unfair trade practice.

(2.) THE appellants manufacture and market consumer products, including Horlicks. In September, 1985 the appellants advertised a scheme they called the "Hidden Wealth Prize Offer". Coupons were inserted in some bottles of Horlicks in the various pack sizes. Some of these coupons indicated that the purchasers of the bottles in which they were placed would get prizes. THE prizes that were offered were 5 Hotline Colour TVs, 10 gift vouchers of Rs. 2,000.00 each for Hotline appliances and 1400 cash prizes of Rs. 100.00, Rs. 50.00 and Rs. 20.00 each. THE advertisement of this scheme made it clear that the prizes were available only to buyers in Delhi city and they were required to claim their prizes by 15/01/1986. THE advertisements stated that even if the buyers' coupon did not carry a winning message, he had "several more chances to try. So get the goodness of Horlicks, now. Because with it, you surely can't lose!"

(3.) TOTAL expenditure incurred on the scheme with requisite break-up such as Expenditure on Prizes, Advertisement, Published material, Cost of Administration etc;