The petition alleged that there were no results even though the product was used "as per directions for use"
The District Consumer Forum (Central) in New Delhi has asked 'Emami' to pay up Rs 15 lakh, and Rs 10,000 to a petitioner, after its 'Fair and Handsome Cream' which promised to provide fairness to men in three weeks, failed to do so.
The petition was filed by Paras Jain, a law student, on behalf of his brother Nikhil Jain in 2012 alleging unfair trade practices by Emami.
"Nikhil Jain, complainant, purchased the Fair and Handsome Cream on 08-10-2012 on the basis of the advise of Shahrukh Khan (Brand Ambassador of Fair and Handsome Cream) in order to get fairness in three weeks. After using the said product for a continuous period of three weeks, complainant did not see any difference on his face in terms of fairness which caused huge mental injury as the company has played with his emotions," a statement read.
The forum also "imposed a penalty in form of Punitive Damages of Rs 15,00,000 on Emami for adopting Unfair Trade Practice as its product promises to provide fairness to men in three weeks and concomitantly, directed the company to withdraw the advertisements representing that the use of the product will change the complexion from dark to whitish or from whitish to fair and to pay Rs 10,000/- to the complainant as compensation," the statement added.
The petition also alleged that the complainant got no results even though he had used the product "as per directions for use mentioned on the labeling and packaging of the product."
The petitioner also claimed that he challenged the company "for protecting other men of the society...so that such Unfair Trade Practices in the name of Fairness can be stopped in the society."