"unfair trade practice" are: (i) it must be a trade practice; (ii) the trade practice must be employed for the purpose of promoting the sale, use or supply of any goods or for the provision of any service; and (iii) the trade practice adopts any unfair method or unfair or deceptive practice including any of the practices enumerated in clauses (1) to (6) of Section 2(r) of the Act.
It is true that the Consumer Protection Act being a benevolent piece of legislation intended to protect the consumers from exploitation, the provisions thereof should receive a liberal construction; technicalities should be eschewed and grievances of the consumers deserve to be redressed expeditiously.
The averments in the complaint by the consumer cannot be taken as a Gospel truth. To support a finding of "unfair trade practice", there has to be some cogent material before the Commission and any inferential finding is not sufficient to attract Section 2(r) of the Act.
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