Title: Moti Lal Yadav vs. Sri Rajiv Gowba & Another
Date of Decision: October 9, 2023
Contempt Application (Civil) No. 2833 of 2023
CORAM Hon’ble Rajesh Singh Chauhan,J.
Introduction
This case revolves around a contempt application filed by Mr. Moti Lal Yadav against Sri Rajiv Gowba, Cabinet Secretary of the Central Government of India, and another party. The contempt application is based on the alleged non-compliance of an earlier order passed by the court, which was issued in the context of a Public Interest Litigation (PIL) filed by Mr. Yadav concerning the participation of ‘Padma Awardees’ in endorsements of products harmful to public health. The PIL requested the Central Consumer Protection Authority to take action against the involved celebrities. This judgment reviews the proceedings related to the contempt application.
Facts of the Case
Mr. Moti Lal Yadav, a practicing lawyer, filed a PIL in 2022, raising concerns about ‘Padma Awardees’ participating in advertisements for products harmful to public health.
The PIL sought the Central Consumer Protection Authority to impose penalties on the celebrities involved in these advertisements and to have them deposit their earnings into the relief fund of the Government of India.
The court’s earlier order, dated 22.09.2022, directed Mr. Yadav to approach the Central Government, specifically the Cabinet Secretary, and make representations regarding the conduct of ‘Padma Awardees’ and their participation in misleading advertisements.
Mr. Yadav complied with the court’s order and submitted representations to the Cabinet Secretary and the Chief Commissioner of the Central Consumer Protection Authority.
However, the authorities did not take any action, leading Mr. Yadav to file a contempt application, claiming non-compliance with the court’s order.
Court’s Analysis and Decision
The court reviewed Mr. Yadav’s actions in compliance with the court’s earlier order. He had submitted representations to the Cabinet Secretary and the Chief Commissioner of the Central Consumer Protection Authority. Additionally, notices were issued to certain Pan Masala companies by the Central Consumer Protection Authority. The court noted that while Mr. Yadav had initiated the process of compliance with the order by approaching the relevant authorities, the response and actions taken by these authorities were not detailed in the contempt application. The court recognized that certain steps had been taken, but it required further information and clarification on the actions or decisions made by these authorities regarding the issues raised in the PIL.
The court emphasized that, under the Consumer Protection Act, 2019, a comprehensive statutory mechanism exists for addressing grievances related to consumer rights, unfair trade practices, and false or misleading advertisements. This mechanism allows for actions against individuals and companies involved in such practices. The court concluded that the matter required consideration and, therefore, directed notices to be issued to the opposite parties. These notices demanded an explanation as to why full compliance with the court’s order had not been achieved. The court also gave Mr. Yadav the opportunity to file a reply or objection to the affidavit of compliance submitted by the Central Government’s counsel. The case was listed for the next hearing on November 29, 2023, with the expectation that further information and responses from the authorities would be provided by that date.
In summary, the court recognized that Mr. Yadav had initiated compliance with the court’s order, but further details and actions taken by the authorities were required to determine full compliance. The court also highlighted the availability of statutory mechanisms to address issues related to consumer rights, unfair trade practices, and misleading advertisements. The case would continue to be heard to assess the extent of compliance with the court’s order.
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Written by- Tarishi Verma
