West Bengal

Birbhum

CC/12/115

Prasenjit Mahara, - Complainant(s)

Versus

1) Manager, Shalimar Chemical Wroks Ltd, - Opp.Party(s)

S. Acharya

05 Mar 2014

ORDER

One Prasenjit Mahara of Seharapara, Suri, Birbhum filed a complaint U/s 12 of the Consumer Protection Act, 1986 (Amended up to date) against the Manager, Shalimar Chemical Works Ltd and Nisith Sadhu, Swarnamayee Bhandar, Suri, Birbhum. He stated in his complaint that he purchased a 50gms packet of Chef Red Chili powder manufactured by Shalimar Chemical Works Ltd. at a price of Rs.11. The packet was purchased from Swarnamoyee Bhandar, a retail grocery shop. The packed seemed to be weighed less. The complainant checked it by weighing machine and found that the packet contained 22 grams chili powder instead of 50 grams. The complainant informed the OPs twice in writing. The O.Ps refused the first letter of the complainant, but acknowledged the second one. In spite of getting complain the O.Ps did not pay any heed and did not compensate the loss of the complainant till date. Being aggrieved the complainant filed the case in the Forum.

The Manager, Shalimar Chemical works Ltd, O.P No.1, by filing written version contested the case. He denied all allegations made by the complainant. According to him there was no possibility of less weighing of product in any packed item of Shalimar Chemical Works Ltd. It is a brand leading company. The Company pays special attention to quality as well as packaging of its products with the help of modern technology. Therefore, there was no possibility of less weighing of the product.

Nisith Sadhu, Swarnamoyee Bhandar, O.P No.2, also contested the case by filing written version, where he stated that he is only a retailer. He sold the 50 grams packed of Chef Red Chili powder manufactured by O.P No.1. The complainant did not pray relief against the O.P No.2.

The petitioner filed only documents. O.Ps did not file any document except written version and written argument.

Upon pleadings of the parties two points are relevant for discussion.

I) Whether the packet of Chef Red Chili powder was of less weigh by 28 grams or not ?

II) Whether the petitioner is entitled to get reliefs ?

DECISION WITH REASONS.

Admitted fact is that the petitioner purchased a 50 grams Chef Red Chili Powder packet at a price of Rs.11 from the O.P No.2. The product was manufactured by O.P No.1,( date of packing 27.09.2011, Lot No.09). The dispute between the petitioner and the O.Ps was whether the packet contained 22 grams chili powder i.e, under weighted or not.

The petitioner, after buying the packet, apprehended that it was under weighted. So, he checked the sealed packet by another weighting machine and found the packet contained 28 grams less than its​ printed weight of 50 grams. He informed the O.Ps two times. It is evidently proved. But the O.Ps did not pay any heed and refused the allegation in their written version.

The Forum sent the packet to Legal Metrology Deptt. Suri, Birbhum for verifying the actual weight. The packet was returned in tact under sealed cover to this Forum along with a report.

Checking Report.

Packaged commodity under test : Shalimars Chef Red Chili Powder

Lot No.  :  09         

Month & Year of Mfg/Pkg : 27.09.2011                          

Name of the manufacturer : Shalimar Chemical Works Ltd.

Date of Checking : 28.06.2013

Sp. No. of observations                      Gross weight of the Package

                                                            (Commodity with package)

                                                1                                  22.200g.

                                                2                                  22.200g.

                                                3                                  22.200

The report of the Legal Metrology Dept. reveals that gross weight of the packet of Chef Red Chili Powder in question was 22.200g instead of 50g.

Ld. Advocate for the O.P No.1 said in his argument that the company produces its commodity and supply it through different conveyance and through different persons for sale of the same. Due to mishandling of the packet by different persons at the time of carrying the products the pouch packet of the same may have leakage and as such there may be shortage of quantity. Now the question is if there be any leakage, the O.Ps should take step. But the O.Ps did not compensate in spite of getting consumers complain. Moreover, the Legal Metrology Dept. did not mention any leakage from the packet in its report.

Shalimar Chemical Works Ltd is a reputed Company. It cannot be expected to commit a breach of Law.

Therefore, the Forum opines that there is deficiency. And the petitioner is entitled to get relief. Thus the points are decided in favour of the petitioner. so, the case stands.

Proper fees have been paid.

Hence,

O R D E R E D

that C.F case No. 115/2012 be and the same is partly allowed on contest against the O.P.

O.P No.1 is directed to pay the petitioner a sum of Rs.5000 as compensation and Rs.2000 as litigation cost within one month from the date of the order. In default the petitioner shall be at liberty to put this order to execute as per law and procedure.

A copy of this order be supplied to the parties each free of cost.