Competition Act, 2002 not to be misunderstood with  Consumer Protection Act, 1986

Competition Commission of India (CCI): A Four member bench comprising of Sudhir Mital, Chairperson and Augustine Peter, UC Nahta, members and GP Mitta, J., directed for a matter to be closed under Section 26(2) of the Competition Act, 2002 due to the dispute falling under the arena of a consumer forum.

The issue raised in the present matter was filed under Section 19(1) (a) of the Competition Act, 2002 against Shoppers Stop Limited (OP) alleged to have contravened Section 3 of the said Act. The Informant had shopped for an amount of Rs 6,495 from the OP for which he had received two discount coupons worth Rs 500. The informant on his next purchase wished to get his coupons redeemed but was denied on the ground that for redemption there is a requirement of minimum shopping for Rs 4000/ to be done, in regard to the stated fact, the Informant submitted that he was not aware about this condition and due to being a senior citizen he was unable to read the same at the back of the coupon.

Further, the commission on giving due consideration to the submissions of the Informant, clarified by referring to the case of Sanjeev Pandey v. Mahindra & Mahindra, Case No. 17 of 2012 that the CCI is primarily aimed to curb the anti-competitive practices and consumer protection Act, 1985 protects the interests of individual consumers against the unfair practices.

Hence, in the present matter, the dispute is a consumer dispute and no prima facie case is being made out against the OP, therefore, the case has been ordered to be closed under Section 26(2) of the Act. [Rajendra Agarwal v. Shoppers Stop Limited,2018 SCC OnLine CCI 62, order dated 30-07-2018]

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