CourtOrder - Rooh Afza
CourtOrder - Rooh Afza
CourtOrder - Rooh Afza
21. The manufacturing date on the product is shown as March, 2020 and
the expiry date is March, 2022. The Plaintiffs’ case is that this product also
does not comply with the LMA and FSSAI regulations. It is also not clear as
to how these products are being imported from Pakistan when clearly the
Plaintiffs have statutory rights in the marks in India.
22. The Court has, during the course of hearing, also accessed the website
www.amazon.in which reveals that there are various ‘ROOH AFZA’
products being offered for sale. However, on a cursory browsing the names
of the sellers, their addresses/contact details are not clear.
23. Clearly, ‘ROOH AFZA’ is a product which has been consumed by the
Indian public for over a century now. The same being a drink for human
consumption, the quality standards have to comply with the applicable
regulations prescribed by the FSSAI and LMA. It is surprising that an
imported product is being sold on www.amazon.in platform without the
complete details of the manufacturer being disclosed. Moreover, when one
clicks on the link ‘Visit the Hamdard Store’, which is provided next to the
product listing of Defendant No.2, the consumer is taken to the webpage of
PRATHIBA M. SINGH, J.
SEPTEMBER 5, 2022/dk/sk