Chandigarh

DF-II

CC/632/2018

Danial Masih - Complainant(s)

Versus

Amul India - Opp.Party(s)

In Person

13 Jun 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	632 of 2018
Date  of  Institution	:	09.11.2018
Date   of   Decision	:	13.06.2019

 

 

 

 

Danial Masih s/o Sh.Prem Masih, R/o H.No.300, Sector 18-A, Chandigarh.

             ……..Complainant

 

Versus

 

1]  Amul India, Head Office Customer Care, Gujrat Cooperative Milk, Marketing Federation, P.O. Box No.10, Amul Dairy Road, Anand 388001

 

2]  M/s Mandhari Provisional Stores, SCO 37, Sector 18-A, Chandigarh.

 

………. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

SMT.PRITI MALHOTRA        MEMBER

            SH.RAVINDER SINGH         MEMBER

 

Argued By: Complainant in person.

Sh.Vishwas Arora, Adv. for Opposite Party No.1.

Sh.Abhishek Bhateja, Adv. for Opposite Party No.2.

 

 

PER RAVINDER SINGH, MEMBER

 

         The case of the complainant, in brief is that, he on 5.10.2018 purchased Amul Milk from Opposite Party No.2.  It is averred that the said milk was found sour and when it was put in Tea, the tea was spoiled.  It is also averred that the date of manufacturing on the said Packet of Milk was printed as 10.8.2018 and it was valid for three months.  It is stated that the complainant brought this matter to the notice of OPs, but they did not pay any heed.  Hence, this complaint has been filed. 

 

2]       The Opposite Party No.1 has filed reply and stating that it is only a marketing company which only looks after marketing of the milk and is not the manufacturer of the milk and manufacturer should be made party.  It is stated that the milk has 90 days expiry only under suitable storage conditions.  It is stated that there are many reasons for souring of the milk e.g. if the milk is poured into a contained which is not properly clean or if it is not kept under suitable conditions after opening the packet.  It is submitted that the complainant has not produced any document to substantiate that the said milk was used by him in ideal conditions following necessary precautions or even the fact that the said pack was not puffed when so purchased by him and he exercised due diligence, which a buyer is expected while purchasing the said commodity.  It is stated that the complainant mentioned that he purchased the milk in question on 5.10.2018 whereas produced the bill dated 15.10.2018.  It is also stated that the complainant has not mentioned the batch number and in the absence of batch number, one cannot come to any conclusion as to fumigation of milk.  Other allegations have been denied with a prayer to dismiss the complaint.

 

         The Opposite Party No.2 has filed reply and while admitting the sale of milk to the complainant’s brother, stated that milk packet was neither puffed nor leaked at the time of purchase of milk by complainant’s brother.  It is stated that the milk can get spoiled due to any reasons for e.g. If the milk is poured into a container which is not properly clean/dry, there are chances of milk getting fulminated.  It is also stated that the milk has to be kept under suitable conditions after opening the packet otherwise there are chances of milk getting fulminated. It is submitted that the complainant on the same day came to the shop with one sealed packet of milk and started creating hue & cry and started arguing without any cause and since Opposite Party did not want to get into arguments, took one sealed packet from the complainant and returned the money for the sealed packet as well other two packets of the milk. It is submitted that Opposite Party No.2 is merely a retailer and is not responsible unless the packet sold is either puffed, leaked or expired.  It is also submitted that the milk sold was under stipulated period mentioned on the packet. Denying other allegations of the complainant, Opposite Party NO.2 has prayed for dismissal of the complaint.

 

3]       Replication has been filed by the complainant thereby reiterating the assertions as made in the complaint.  

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the complainant in person, ld.Counsel for OPs No.1 & 2 and carefully perused the entire record.

 

6]       The complainant has annexed bill dated 15.10.2018 regarding purchase of milk on 15.10.2018.  The complainant in his email message dated 19.10.2018 has also alleged to have purchased the milk on 15.10.2018, but in the complaint, he claimed to have purchased the milk which went sour on 5.10.2018.

 

7]       The complainant has impleaded M/s Mandhari Provisional Stores as Opposite Party No.2 from where he alleged to have purchased the said milk, but the bill No.3003 dated 15.10.2018, annexed with the complaint in proof of purchase of milk, the name of Store/Dealer is “NAMDHARI’.    

 

         There are explicit major discrepancies in name of Store and date of purchase of milk as comes out from the bill and as mentioned in the complaint.

 

8]       The milk packed or otherwise brought from the market, if not kept in proper hygienic conditions and proper cleaned utensils, is bound to spoil & contamination.       

 

9]       The complainant has not come out with detail facts as to how after the purchase of milk from the market, he carry and kept the said milk pouch in  his possession, whether he has taken all precautions to process the same in proper hygienic conditions or not.

 

10]      Keeping into consideration the entire facts, as discussed in the preceding paragraphs, no discrepancy or deficiency in service is made out against the Opposite Parties and as such, the present complaint is hereby dismissed. No order as to costs.

          Certified copy of this order be sent to the parties, as per rules.

Announced

13^th June, 2019                                                             

Sd/-

 (RAJAN DEWAN)

PRESIDENT

                                                                                               

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER