PER SH. RAKESH KAPOOR, PRESIDENT

  On8.10.2012,the complainant had purchased fair and 

handsome cream ,World’s no. 1 fairness cream for men 

(herein after called the product) from M/s K B Fair 

Price , C-3/7, Ground Floor, Prashant Vihar New 

Delhi. The said cream is manufactured ,sold and 

distributed by the OP. It is the case of the 

complainant that he had used the product as per 

directions for use mentioned on the  labeling and 

packaging of the product but it had failed to show 

any results as claimed by the OP in respect of the 

product. It is the further case of the complainant 

that the OP has been using Mr. Shahrukh Khan , a 

well-known actor as its brand ambassador for 

promotion of the product and it makes false claims 

and promises that it provides fairness in just three 

weeks.  Having used the product as per the directions 

of the Op , the complainant had approached the OP and 

had brought to its notice that the product had failed 

to give the promised benefits but the OP had refused 

to respond to the e-mail written in this regard. The 

complainant has claimed that the present complaint is 

maintainable U/s 2(f) and U/s 2 (r) of the Consumer 

Protection Act as the product is not of the quality 

and potency as claimed and the OP has adopted an 

unfair trade practice for the purpose of promoting 

the sale , use and supply of the product including 

the following:

(i) Falsely represents that good 

have characteristics, uses or 

benefits which such good do not 

have; 

(ii) Makes a false and misleading 

representation concerning the 

usefulness of good;

(iii) Makes a false and 

misleading representation 

concerning the need for and the 

usefulness of the product.

(iv) Gives false and misleading 

facts about the said product.

(v) Makes a false advertisement 

about the product.

  The complainant has alleged that the OP is guilty 

of resorting to an unfair trade practice and has 

prayed for the following reliefs. 

1. To order  the OP to 

discontinue the Unfair 

trade practice as per 

section 14 of consumer 

Protection Act, 1986 as 

the benefits of product 

claimed by the OP are 

false and further to give 

an advertisement in 

newspapers, for a 

continuous period of one 

year, across the country 

in English and Hindi and 

vernacular languages 

stating that such products 

do not provide any 

fairness to the men.

2. Since the OP has played 

with the emotions of the 

complainant as he 

purchased the product of 

OP, in order to get the 

benefits, mentioned and 

claimed by the OP on the 

packaging and labeling of 

its product, which turned 

out to be false claims as 

per the above contentions 

made.

Therefore, we hereby 

request the Hon’ble Judge 

of District Consumers 

Dispute Redressal Forum to 

award compensation of 

Rupees Nineteen Lacs 

ninety thousand, as 

punitive damages, in favor 

of the complainant plus 

the litigation charges and 

other transportation 

expenses of Rupees ten 

thousand. 

The op has contested the complaint and has 

filed a written statement. It has claimed that 

the complaint is absolutely frivolous and is not 

maintainable . It has disputed that the 

complainant is a ‘consumer’ within the meaning of 

Consumer protection Act 1986. It has denied that 

the complainant has used the cream for a period 

of three weeks as per directions and has claimed 

that the product fair and handsome cream is 

manufactured by it under a license from the 

competent authority and the same is backed by 

scientific research, evaluation and quality 

control.  Paras 6 to 11 of the reply are relevant 

for the purpose of disposal of this complaint and 

are reproduced as under:-

6.It is stated that the complaint has been motivatedly 

made to malign the goodwill and reputation of the Op 

who is a renowned manufacturer of consumer goods 

which are highly popular in domestic and international 

market.

It is stated that each of the product manufactured by 

the Op including the Fair and Handsome cream is 

manufactured under strict quality control and is the 

product of extensive scientific research.

7. Fair & Handsome has been developed by USA based 

Dr.Chanda Zaveri, renowned skin expert and protégé 

of  two times Nobel Prize winner, in collaboration with 

India Dr. Chanda Zaveri is in possession of various 

United States Patent for invention of Peptide complex 

in respect of dermatology healing, treatment of 

Alopecia, hair ailments and various cosmetic products 

relating to hair and skin care treatment and 

beautification and has also extensive know how and 

technical knowledge as regard to manufacture of 

various cosmetics and herbal products.

This fact is also declared on the label of the product.

One of the ingredients of Fair & Handsome is Lumino 

Peptide. Peptide is a molecule formed by joining two or 

more amino acids. Peptides (proteins) are present in 

every living cell and posses a variety of biochemical

activities. 

They appear as enzymes,hormones,antibiotics, 

receptors, etc.

Peptide technology with specific signals for Collagen 

synthesis which retard skin aging and wrinkles. A 

powerful Peptide sequence will take care of proper 

Collagen synthesis by proliferation of fibroblast which 

accelerates Collagen synthesis and also increase the 

metabolic activity of the skin , thus imparting radiance 

to skin and depresses melanin formation thus not only 

giving freedom from those depressing wrinkles but also 

make look fairer.

The Op party had also got a study titled "Evaluation of 

Skin Cream Formulations to confer Fairness on 

Healthy Male subjects" conducted at The KET's 

Scientific Research Centre, Cosmetology Division, 

Mumbai in respect of its product. The synopsis of the 

findings is enclosed as Annexure "A-1"which clearly 

suggests that the complaint of the complainant is 

frivolous and without any basis.

claim justification note in respect of Fair & Handsome 

is enclosed as Annexure A-2.

8. It is specifically stated that no remarks made 

regarding the product Fair and Handsome cream by 

the Ops in any manner whatsoever are misleading as 

alleged by the complainant so as to give the same a 

colour of unfair trade practice.

The Fair and Handsome cream is basically a personal 

care product to keep the skin healthy, the skin being 

one of the largest organ of the human body and the 

facial and neck skin being largely exposed to the 

vagaries of nature, sunlight (ultra violet Rays), dust, 

wind etc. the cream provides protection and 

nourishment to the facial and neck skin.

9. The desired result from the use of a personal care 

product in any market anywhere in the world depends 

upon a host of other adjacent factors such as proper 

usage of the product and proper nutritious diet, 

exercise, healthy habits, hygienic living conditions etc. 

The effect of the product shall vary with these variables 

including age of the user.

The particular product as would be evident from the 

packaging has been produced for the use of young men 

within the age group of 16-35 years for protecting their 

facial and neck skin from UV ray of the sun which 

causes darkening of the skin, soften, nourish the skin 

and remove the blemishes. The product is highly 

popular in the market since a large number of users 

have been benefited by its use. A few of the mail of 

appreciation received by the Ops in regard to the usage 

of the cream are annexed hereto and marked as 

Annexure4 collectively.

10. It is reiterated by the Ops that regular proper use

skin health interalia by protecting and nourishing the 

skin. There is no evidence whatsoever before this 

Hon'ble Forum that the complainant used the cream 

regularly and that his skin condition did not improve at 

It is indeed absurd for a lay person to make such claim 

without appropriate medical opinion from a 

dermatologist.

The complaint is frivolous and riddled with anomalies. 

There is no averment regarding the previous condition 

of the skin of the complainant, his life style and health 

habits, his general physical condition. The allegation of 

the complainant as made in page 5 paragraph (a) of the 

complaint is not supported by an iota of evidence.

11. It is reiterated that the allegation of the complainant 

as aforesaid do not establish any defect in goods at all 

nor it indicates any unfair trade practice by the Ops. 

The cream is manufactured specifically for use in 

tropical country interalia providing protection from UV 

Rays of the sun which causes darkening of the skin. The 

cream also provides nourishment which makes the skin 

soft and supple generally making it fairer, smoother, 

softer, healthier adding a healthy glow. The degree of 

effect will obviously vary from person to person 

depending upon the other variable factors. As such the 

advertisement is neither false nor misleading.

The website information is backed by scientific 

research and product sampling.

    The OP has further claimed that there is no basis 

of the compensation claimed in this case.  It has 

claimed that the complaint is a mala-fide exercise to 

malign the good will and / or the image of the Ops 

with an ulterior motive.  It has prayed that the 

complaint be dismissed with cost. 

We have heard arguments advanced at the bar and 

have perused the record. 

It may be pointed  that an objection was raised 

by the OP to the pecuniary jurisdiction of this forum 

to entertain and try the present complaint. It was 

claimed that  if the cost of the product was added to 

the amount claimed , the  aggregate value of the 

relief  would go beyond the pecuniary jurisdiction. A 

perusal of the complaint , however, shows that the 

complainant has not sought the refund of the value of 

the product and had kept the value of the  relief at 

Rs 20,00,000/-(R s twenty Lakhs only ). In (1997) 5 

CTJ 131 (CP) (NCDRC) Quality foils India Pvt. Ltd. 

V/s Bank of Madura Ltd & Ors , the National 

Commission had held that the criteria for determining 

value of jurisdiction is to the quantum of reliefs 

put together i.e. the aggregate values of the goods 

and compensation or aggregate value of services and 

compensation and on the aggregate value of goods and 

services and compensation as the case may be by the 

aggrieved consumer. In the present case, the 

aggregate value of the reliefs sought by the 

complainant does not exceed the pecuniary 

jurisdiction of this forum. Even otherwise, a 

statement was made on 24.9.2015 by the Authorized 

representative of the complainant that in order to 

obviate any technical objection with respect to the 

pecuniary jurisdiction of this forum, the relief 

sought be limited to Rs. 20 Lacks only. In view of 

the judgment cited above and in view of the statement 

made by the authorized Representative of the 

complainant, we have no hesitation to hold that the 

complaint is within the pecuniary jurisdiction of 

On behalf of OP , it has been contended that the 

complaint has been filed primarily on the ground that 

the product is defective and the OP is guilty of an 

unfair trade practice on the basis of false 

representation.  It is contended that no expert 

report has been filed by the complainant and, 

therefore , the provisions of Section 13 (1) (c) have 

not been  complied with. In the written arguments 

filed on record , it is claimed that the market is 

flooded with consumable goods and the consumer has a 

very wide choice among various brands.  It is stated 

that the consumer chooses from amongst  the varied 

products and if one brand does not satisfy him , he 

shifts to another brand available in the market. It 

is contended that if the complainant was not 

satisfied with the product of the Op, it cannot be 

said that the product was defective and / or the 

advertisement is misleading. 

The op has further claimed that its  product is 

manufactured under a drug licence with stringent 

quality control. The efficacy of the product is 

tested and documented from time to time and at least 

8 such test reports have been relied upon and placed 

on the record of this case. The test reports are :-

i) Kelkar Education Trust 

Scientific Research Centre 

(exhibit A1).

ii) Mascot spin control 

iii) MJ Lab Pvt. Ltd. 

iv) Association for assessment and 

accreditation (official 

recognition) of laboratory 

animal care international 

v)  Bio Needs 

vi)  Conclusion N.B. Two weeks

vii)  IMRB International (two weeks)

viii) ASCI 

ix) Expert evidene – Prof. Bijan 

Kumar Gupta, J.U.

It has been further contended by the OP that there is 

no allegation that the complainant had suffered loss 

or injury because of the use of the product.it is 

claimed that no compensation can be awarded to the 

complainant unless the aforesaid fact is established. 

It is also contended that the product has all the 

ingriedients claimed in the advertisement and gives 

the desired results as promised.  

On behalf of the complainant, however, much 

emphasis has been laid on the advertisements 

depicting Mr. Shahrukh Khan as its brand ambassador  

and with a representation that its use gives a fair 

complexion to the user. The  transcription of the 

said advertisements have been placed on the record of 

this complaint  which has not been disputed to by the 

OP. The transcription of the advertisements read as 

Advertisement no. 1

Kaash mai bhi shahrukh hota

Jina chahte ho meri zindagi

Itna sab sahne ke baad  bhi 

handsome , kaash mai bhi….

Shahrukh:- nhi toh kya , 

handsome koi bhi ban sakta hai, 

Fair and Handsome use karo meri 

tarah 

Par ladkiyon wali cream kabhi 

nahi 

Emami Fair and Handsome cream, 

khaas mardo ke saqt tawacha ke 

liye, iska unique five power 

fairness system de behtar 

gorapan.

Haye handsome Haye Handsome 

Kaha na handsome koi bhi ban 

sakta hai.

Fair and handsome cream, use 

world’s no. 1 Fairness cream 

for men.  

Advertisement no. 2 

Bhaiya fir se meri 

saari fairness cream khatam kar 

Mard ho kar ladkiyon wali 

cream, chiiii 

Chup chup kar kaahey kyu 

ladkiyon ki cream lagaye, unki 

twacha hai komal komal aur 

tumahri rough and tough, twacha 

nhi unke jaisi yeh kyu samajh 

na aaye 

Emami Fair and Handsome

Aam Fairness Cream mardo ki sqt 

twacha mein nhi sama patey

Sirf Fair and Handsome mein hai 

American Double Strength 

peptide aur jadi butiyan jo 

undar tak samayen  aur gora 

banaye four weeks mein

Haye handsome Haye Handsome 

Fair and handsome cream, use 

world’s no. 1 Fairness cream 

for men.  

We have also seen the advertisements as a CD of the 

same was placed on record by the complainant. The 

advertisements depict that by application of the 

product,  the complexion of the user changes from 

dark to wheatish and  from wheatish to fair. The 

transcription of the advertisements as reproduced 

above holds out that the application of the product 

will produce a fair complexion. It uses the word 

“gorapan”  in advertisement no. 1 which means fair 

complexion. In advertisement no. 2 it gives out a 

promise that the use of the product for a period of 

four weeks will ensure fair complexion.  The 

advertisements  , therefore, make a representation to 

the general public that by the use of the product 

they can achieve fair complexion. This is in direct 

contrast with the defense taken by the OP wherein it 

has claimed that the use of the product  improves  

the health and quality of skin by providing 

protection and nourishment to the facial and neck 

skin  which are more exposed to the vagaries of 

nature, sunlight, dust , wind etc. No attempt has 

been made on behalf of the OP to show and justify the 

advertisements which hold out a promise of the skin 

getting fairer by the use of the product.   The 

complainant has categorically stated that even though 

he uses the product as required, it had made no 

effect on his complexion which did not improve.

 We are , therefore, of the considered opinion that 

the advertisements published by the OP as referred to 

above make a misrepresentation to the public at large 

about the effectiveness of the product  to change the 

complexion of the skin  from dark to wheatish and 

from wheatish to fair.  It , therefore, amounts to an 

unfair trade practice being adopted by the OP  to 

sell its product. The OP is also guilty of deficiency 

in service qua the complainant as the product sold to 

him was found to be defective. We, therefore, direct 

the OP as under:-

1. Pay to the complainant a sum of Rs. 

10,000/- (Rs Ten Thousands Only)as 

compensation which will also include the 

cost of litigation. 

2. Deposit a sum of Rs. 15 Lacs(Rs 

Fifteen Lacs  Only) as punitive damages 

with the consumer welfare fund maintained 

with the State Commission, Delhi.

3. Withdraw the advertisements 

representing that the use of the product 

will change the complexion from dark to 

wheatish or from wheatish to fair . 

   The OP shall comply  with this order  within a period of 30 

days from the date of this order failing which it shall be 

liable to pay interest on the entire awarded amount @ 10% per 

annum.  IF the OP fails to comply with this order, the 

complainant may approach this Forum for execution of the order 

under Section 25/27 of the Consumer Protection Act. 

Copy of the order be made available to the parties as per 

rule.   File be consigned to record room. 

Announced in open sitting of the Forum 

on.....................