LAWS(NCD)-1991-6-25

CONSUMER EDUCATION AND RESEARCH SOCIETY Vs. VASU PHARMACEUTICALS PVT LTD

Decided On June 05, 1991
CONSUMER EDUCATION AND RESEARCH SOCIETY Appellant
V/S
VASU PHARMACEUTICALS PVT. LTD Respondents

JUDGEMENT

(1.) - Although a request for adjournment is made before us on behalf of the Petitioner, we do not find sufficient grounds for granting it and hence the request is declined.

(2.) THE relief prayed for in this Original Petition is that an order should be passed by this Commission directing the to cease and desist from making any representation a regarding the efficacy of an Aurvedic Pharmaceutical product called "Select" either in writing or orally as a medicine to beget a male child. Although there appears to be prima facie scope for contending that the Advertisements produced as Annexures 'A' series do constitute unfair trade practice, this petition has to fail on the short ground that this Consmission is not invested by the Act with the power of granting any cease and desist order. THE proper remedy to be resorted to by the Petitioner is to approach the M.R.T.P. Commission seeking appropriate relief if the petitioner is so advised. Without prejudice to that course being adopted, this petition is dismissed. Complaint dismissed.