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Bhanwar Kanwar vs R.K.Gupta & Anr on 5 April, 2013

(9). As per sec 2 (1) ( r) of the Consumer Protection Act it is clear that "unfair trade practice" means any improper trade practice being followed, or false promise or misleading advertisement being made for the purpose of promoting the sale, or supply of any goods or for providing any service, by adopting any unfair method or unfair or deceptive practice. The Act further says under sec. 2(1)(x) that giving false or misleading facts disparaging the goods, services or trade is also be unfair trade practice. The Hon'ble Supreme Cout of India in Bhanwar & Kanwar Vs. R.K.Gupta and another (2013) 4 SCC 252; (2013) CPJ 5 (SC); 2013(2) CPR 611 (SC) has given an elaborate interpretation on the legal issue of "Unfair Trade Practice", while upholding the views of the National Commission that there was unfair trade practice and the Hon'ble Appex Court in view of the unfair trade practice followed by the opposite party held that the appellant / complainant was entitled for enhanced compensation and it has been made clear by Hon'ble Supreme Court that misleading advertisement with the false promise or false representation would also be unfair trade practice.
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