Supreme Court · 2008 INSC 1129 · Decided 3 October 2008

M/S KLM Royal Dutch Airlines v. Director General of Investigation & Registration

Court
Supreme Court of India
Citation
2008 INSC 1129 · [2008] 14 S.C.R. 245
Case number
CIVIL APPEAL No. 815/2002
Decided
3 October 2008
Bench
TARUN CHATTERJEE, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

Monopolies and Restrictive Trade Practices Act, 1969 - c s. 36A (1)(ii), (iv) and (vi) - Deficiency in service - Held by MRTP Commission to be unfair trade practice - On appeal, held: In order to term an act amounting to unfair trade practice under provision, it is necessary to prove that the service provider makes false and misleading repre- D sentation regarding the service - Deficiency in service does ,_, not amount to unfair trade practice - Element of unfair trade practice stands on higher and onerous platform than the defi- cient

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