Document Fragment View
Fragment Information
Showing contexts for: asci code in Advertising Standards Council Of India vs Reckitt Benckiser India Pvt Ltd on 29 August, 2017Matching Fragments
4. It appears that the appellant has framed what is couched as the "Advertising Standards Council of India Code" ("ASCI Code"). It has also framed "Consumer Complaints Council Rules" ("CCC Rules") which are concerned with examination of the complaints against its members.
5. The suit of the plaintiff was inter alia premised on the following averments :
"3. It is most humbly submitted that directions issued by the Defendant have been passed without following the due process of law. The defendant is company registered under the Company Act, 1956 and claims to be a self- regulatory voluntary organization of the advertising industry. Even though the plaintiff is a member of the defendant organization, such arbitrary orders passed by the defendant in complete disregard to the law of the land and principles of natural justice have left the plaintiff with no option but to file the present suit. The defendant has however directed the plaintiff to "ensure compliance" with its decision "across media including TV, Print, Digital Media etc. as applicable prior to the due date" i.e.9th September, 2016. There is an implicit threat that the Defendant shall be submitting its compliance report to the Department of Consumer Affairs (DCA) and other government/regulatory bodies including the Ministry of Information and Broadcasting.
13. We have also noted that the plaintiff has made a prayer for permanent prohibitory injunction in the plaint. It needs no elaboration that a prayer for prohibitory injunction has to rest on reasonable apprehensions and perceived threats by a party. In the present case, as per the submissions made by Mr. Raj Shekhar Rao, ld. counsel for the appellant, as per the regulatory mechanism contained in the ASCI Code, the defendant (which in the present case is the appellant before us) is to examine the complaints received by it and issue advisory recommendations to the party against whom the action is being contemplated. Upon such party failing to abide by the recommendations, the appellant makes recommendations to the Ministry of Information and Broadcasting which issues prohibitory orders based thereon.