Punjab

Sangrur

CC/75/2024

Ankush Kumar Gupta - Complainant(s)

Versus

Aneja Sweets and Bakers Private Limited - Opp.Party(s)

Sh. G.S. Chatha

24 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                        Complaint No. 75

 Instituted on:   20.03.2024

                                                                        Decided on:     24.09.2024

 

Ankush Kumar Gupta aged about 30 years son of Anil Kumar Gupta, resident of Mata Rani Street, Dhuri Gate, Sangrur.

                                                         …. Complainant 

                                                 Versus

Aneja Sweets and Bakers Private Limited, #B2/1205, Banwari Market, Patiala Road, Rajpura, Tehsil Rajpura, District Patiala, through its authorised signatory.

                                                        ..Opposite party

 

 

For the complainant  :       Shri G.S.Chatha, Adv.

For OP                       :       Exparte.

 

Quorum                                          

Jot Naranjan Singh Gill,                 :President

Sarita Garg,                                     :Member

Kanwaljeet Singh,                           :Member

 

ORDER

SARITA GARG, MEMBER

 

1.             Complainant has preferred the present complaint against the opposite party on the ground that on 18.03.2024, the complainant went to the shop of the OP and purchased number of sweets including Paneer Jalebi and paid Rs.920/- to the OP against invoice/bill number 108744 dated 18.03.2024. Further case of complainant is that thereafter the complainant consumed two pieces of Paneer Jalebi and after sometimes he started vomiting and thereafter he checked the Paneer Jalebi and found that the same were having fungus due to which the health of the complainant became deteriorated.  The complainant thereafter made a telephonic call to the OP and complained about the supply of bad quality product i.e. fungus Paneer Jalebi and requested the OP to refund the purchase price of the same and to pay compensation, but the OP did not listen the request of complainant, which conduct of the OP is said to be not fair and the complainant suffered heavy mental tension and harassment due to this act of the OP. Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to refund/pay to the complainant purchase price of Paneer Jalebi i.e. Rs.250/- alongwith interest @ 18% per annum from the date of its purchase till realisation and further claimed compensation of Rs.50,000/- and an amount of Rs.50,000/- was claimed as litigation expenses.

2.             Record shows that the OP did not appear despite service, as such the OP was proceeded against exparte on 12.06.2024.

3.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-3 copies of documents and affidavit and closed evidence.

4.             We have gone through the pleadings put in by the complainant along with his supporting documents with his valuable assistance. 

5.             The learned counsel for the complainant has contended vehemently that the complainant purchased number of sweets including Paneer Jalebi and paid Rs.920/- to the OP against invoice/bill number 108744 dated 18.03.2024, a copy of which on record is Ex.C-2. Further the learned counsel has contended that Paneer Jalebi supplied by the OP was having fungus and after consuming it, the complainant started vomiting and thereafter he checked the Paneer Jalebi and found that the same were having fungus due to which the health of the complainant became deteriorated.  The complainant even made a telephonic call to the OP and complained about the supply of bad quality product i.e. fungus Paneer Jalebi and requested the OP to refund the purchase price of the same and to pay compensation, but the OP did not listen the request of complainant, which fact is duly supported by the affidavit of the complainant, Ex.C-1 and further Ex.C-3 are the photographs, which clearly shows that Paneer Jelbi contains fungus.  The OP chose to remain exparte. It is worth mentioning here that at the time of admission of complaint on 21.03.2024, the complainant produced the original product i.e. Paneer Jalebi purchased from the OP and same was returned to the complainant after perusal.  As such, we are of the considered opinion that the OP supplied to the complainant Paneer Jalebi with fungus, which was very harmful to the human, if consumed.  The complainant has not produced any prescription slip of the doctor that he went to any doctor for getting the treatment of vomiting etc. as contended by the learned counsel for the complainant, but the fact remains that the OP supplied the complainant Paneer Jalebi having fungus.  As such, we find it to be a case of supply of Paneer Jalebi with fungus, for which the complainant should be compensated accordingly.

6.             The case of complainant does not suffer from any factual or legal defect. The allegations made by the complainant have gone unchallenged, uncontested and as such whatever has been placed on record is believed.            

7.             In view of our above discussion, we allow the complaint and direct OP to refund to the complainant an amount of Rs.250/- being the cost of Paneer Jalebi. We further direct OP to pay to the complainant an amount of Rs.15,000/- in lieu of compensation for mental tension, agony and harassment as well as litigation expenses.

8.             This order shall be complied with by OP within a period of sixty days of receipt of copy of this order.

9.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

10.           Copy of this order be supplied to the parties free of cost. File be consigned to the records after its due compliance.      

                        Pronounced.

 

                     September 24, 2024.

 

 

           (Kanwaljeet Singh)  (Sarita Garg) (Jot Naranjan Singh Gill)

                  Member                       Member                  President