NESTLE INDIA LTD Vs. T T CHACKO & ANR

JUDGEMENT

(1.) THE order passed by the CDRF, Kozhikode in IA. 85/2003 in OP 234/03 is sought to be revised in the revision filed by the 1st opposite party on the ground that the power to pass injunction order has been wrongly exercised by the CDRF, Kozhikode.

(2.) THE I.A. was filed for getting an order of ad interim nature prohibiting the opposite parties from selling the product under batch No. Dec. 2002 INKUADS from which the complainant had purchased the baby food manufactured by the 1st opposite party and sold by the 2nd opposite party. While passing the order, the Forum has observed that "the goods kept for sale including M.O. 1 is unworthy of human consumption and it will be injurious to health" and hence it was ordered that the opposite parties are prohibited from selling the products contained in Batch No. Dec. 2002 INKUADS under Section 14(c) of the Consumer Protection Act.

(3.) THE Counsel appearing for the revision petitioner vehemently argued before us that the order of the forum below is per se illegal and hence unsustainable on the ground that Forum has passed the impugned order without subjecting the material object to any analysis by the competent authority. It is the further case of the revision petitioner that the power under Section 14 of the Consumer Protection Act could be exercised by the forum after the conduct of the proceedings under Section 13 of the Act only and in the instant case the order is passed while such proceedings are pending before the forum.