• Violation of BIS act 1986, Misuse of ISI logo

Dear Sir,
We are Mechanical appliance manufacturer and BIS licensee. We have a BIS license for 6 products and if we want to add more products in our BIS license scope, the same has to be tested through independent laboratories and test report to be submitted in BIS for inclusion of that particular product.
Now, what happens while sending one more product to independent laboratories for inclusion of that particular product in our scope. We have used ISI logo on that job during sending at independent laboratory, we have also submitted same Test report in BIS. Then they took objection that, Why you have used BIS logo on that machine during sending to independent laboratory if it is not in your scope. We have replied him by mistake we have done it and it is just for inclusion process not for any commercial process. But as per BIS regulations act it is violation of rules.
Now we have been informed that your license will be cancelled as per BIS (Conformity Assessment) Regulations-2018 and BIS Act, 2016. We have also been asked for personal hearing in BIS Delhi office. However we have submitted our reply that unintentionally committed that mistake. That job is still lying in our factory which indicates we have made it for inclusion purpose only not for commercial purpose.
Now please tell the following below question:
1. How to put our case in front of BIS Delhi during hearing and How to convince BIS delhi during personal hearing. please tell the exactly word.
2. How to answer that we have inadvertently used ISI logo on our Job during sending to independent lab for inclusion process during hearing.
3. Can we hire consultant for the same to put our case in front of BIS Delhi? If yes please suggest Name. of the consultant.
4. What happens exactly during hearing at DELHI. Is it like what happens in Honable district/High court? Please tell this in detail what will happen there. Weather they ask some question like court or something else.
5. Please tell how to come out from this problem. How to put our case in front of him.
Asked 4 years ago in Business Law

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4 Answers

1. Sir the case has to be put forward as mistake only, further it is a new product or being sold without mark by you from times, Further it would be better you engage an Advocate for the reply to notice and written submission for attending the hearing.

2. Sir the evidence of same has to be put forth with reason that how mistake has occured because by using mark with the lab test article it can be concluded that you have falsely selling the product under the mark that is illegal in view of Rule 141(a) using or applying Standard Mark on non-conforming articles or goods,

3. Sir it would be better if you engage a lawyer practising regularly before the authority from delhi.

4. It happens before the authority of the BIS not before the District court or high court it would be quasi judicial body to adjudicate the issue.

5. Sir the relevant documents need to be pursued the expert Advocate on same subject would be best to draft reply and written submission and present the case.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Engage a local lawyer and file detailed reply denying allegations made

2) mention that it wss Done inadvertently during sending to independent lab fir inclusion purposes

3)?”after hearing your arguments order would be passed

4) it is necessary to peruse notice received by you to advice further

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

You will have to file a detailed written statement on the date of hearing before the BIS authority pleading that the same had been erroneously and said goods have never been sold to the market or even catalogued by you.

You should state that there is no ground for cancellation of licence as no commercial profits for made due to the set in advertent act. Also, you should deny each and every thing in their notice.

You should hire an advocate to the represent your case and file pleadings before the authority on your behalf as the proceedings are quasi-judicial in nature, so working is like District Court accept the cases are tried in a summary manner, without a full blown trial.

Siddharth Jain
Advocate, New Delhi
5933 Answers
101 Consultations

5.0 on 5.0

1. Whatever you have stated in your reply may be reproduced in the form of an affidavit and tender your unconditional apology for the commission's of this error which was by oversight.

2. Read the above answer.

3. You can engage the services of an advocate to argue on your behalf , you can choose an advocate from this forum or outside also.

4. You can come to know that by visiting the office of the tribunal where you have been summoned to know about it in person.

5. Since this involves legal issues, you may engage a local advocate and brief him about the issues, proceed as per the suggestions made.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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