Consumer loss or injury is essential for unfair trade practice claims under the Monopolies and Restrictive Trade Practices Act.

Loss or injury to the consumer is a mandatory, conjunctive element for invoking unfair trade practice under the Monopolies and Restrictive Trade Practices Act, 1960. An application for compensation must plead and prove not only the existence of a trade practice used to promote sale or supply and its fit within the statutory category, but also resulting actual or notional consumer loss or injury. General allegations of delay, defects, or use of old parts are insufficient without proof of that essential ingredient. Relief could not be sustained on the pleadings and evidence, and the compensation order was set aside.

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Issues: Whether an application for compensation based on unfair trade practice under the Monopolies and Restrictive Trade Practices Act, 1960 could be sustained in the absence of any averment or proof of actual or notional loss or injury to the consumer.

Analysis: For attracting section 36A read with the definition of trade practice, the existence of a trade practice, its use for promoting sale or supply, its falling within one of the statutory categories, and resulting loss or injury to consumers are required. The statutory conditions operate conjunctively, and causation of loss or injury is an essential ingredient for invoking the provision. The complaint in the present matter contained only general allegations of delay, defects, and use of old parts, but did not aver or prove any actual or notional loss or injury. The Commission also recorded no finding on that essential aspect.

Conclusion: The application was not maintainable on the facts pleaded and proved, and the compensation order could not stand.

Final Conclusion: The award of compensation was set aside and the appeal succeeded.

Ratio Decidendi: Loss or injury to the consumer is a mandatory and conjunctive element of unfair trade practice under section 36A of the Monopolies and Restrictive Trade Practices Act, 1960, and the claim must plead and establish that ingredient to sustain relief.

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