IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 15thday of June, 2022
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 140/2021 (filed on 06/08/2021)
Petitioner : Vinodkumar G.
Vidyabhavan,
Thottakam P.O.
Vaikom – 686607.
Vs.
Opposite Parties : (1) Anugraha Medicals,
Udayanapuram P.O.
Vaikom.
(2) Sidhi Herbals,
Reg. No. KL01A0005118
Alappuzha – 688013
O R D E R
Sri. K.M. Anto, Member
The case is filed under Section 35 of the Consumer Protection Act, 2019.
The brief of the complaint is as follows.
The complainant had purchased black henna powder from the first opposite party on 23-07-2021. On the label of the Hair dye, it was written that the hair dye is made by using six herbal medicines. The first opposite party also promised that there is no side effects for its use. But within a period of one hour of use of the Henna powder, the complainant fell sick, the blood pressure increased and there was variation in ECG. There occurred an edima on the face and head of the complainant. The complainant had to seek treatment at Taluk Hospital, Vaikom. Wounds were developed on the head and face of the complainant. He had to take treatment from skin specialist. The complainant reported the difficulties to the opposite parties. But the opposite parties refused to take any actions to solve the grievance of the complainant. By the irresponsible act of the opposite parties, the complainanthad to suffer physical, mental and financial difficulties. If the opposite parties used the herbal medicines only as given on the label for the manufacture of the Hair dye, these type of difficulties will not occur. They might have used something else for the production of the hair dye. As a result, the injuries caused to the complainant. Hence this complaint is filed for getting compensation from the opposite parties.
On admission of the complaint, copy of the complaint was duly served to the opposite parties. The opposite parties failed to file their version or to appear before the Commission to defend their case. Hence the opposite parties were set exparte.
Complainant filed proof affidavit and marked documents as Exts.A1 and A2.
On the basis of the complaint, proof affidavit of the complainant and evidence on record, we would like to consider the following points.
- Whether there is product liability action on the part of the opposite parties?
- If so, what are the reliefs and costs?
For the sake of convenience, we would like to consider point No.1 and 2 together.
Ongoing through the complaint and proof affidavit of the complainant and evidence adduced, it is clear that complainant had purchased black henna powder manufactured by the second opposite party on 23-07-2021 from the first opposite party on payment of Rs.50/-.On using the hair dye, the complainant fell sick and complainant took treatment from Taluk Head Quarters Hospital, Vaikom. Ext.A1 is the bill dated 23-07-2021 issued by the first opposite party to the complainant. Ext.A2 is the outpatient record at Taluk Head Quarters Hospital, Vaikom. As per Ext.A2, the complainant was treated as outpatient with OP No.566777 on 25-07-2021 and diagnosed itching over Head, face after the application of the hair dye. Medicines were given to the complainant and again on 27-07-2021 the complainant took treatment with outpatient No.567670 from Taluk Head Quarters Hospital, Vaikom for allergy due to the hair dye applied on 25-07-2021. It is further reported in the OP ticket that symptoms still persisting.’
On the basis of the above discussed evidence, it is clear that injury is caused to the complainant on the application of the hair dye. This shows that the hair dye is not made by using the natural medicines as claimed in the label, but used something else for making the product. This shows that the black henna powder given to the complainant by the first opposite party is a defective product manufactured by the second opposite party.
Section 2(47)[(i)(a)] “unfair trade practice” means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely ;-
- making any statement, whether orally or in writing or by visible representation including by means of electronic record, which –
- falsely represents that the goods are of a particular standard, quality, quantity, grade, composition style or model;
Section 2(22) (ii) –“harm” in relation to a product liability, includes-
- Personal injury, illness or death.
Section 2 (34) “Product liability” means the responsibility of a product manufacturer or product seller, of any product or service to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in service relating thereto;
The act of the opposite parties in selling the black Henna powder to the complainant with the Promise that the product is made of six herbal medicines and there is no side effects for the use of the product is an unfair trade practice on their part.Since harm is caused to the complainant on the use of the defective product, the opposite parties are liable to compensate for the harm caused to the complainant.Hence Point No.1 and 2 is found in favour of the complainant.The complaint is allowed and we pass the following orders.
- The opposite parties 1 and 2 are directed to give Rs.5,000/- as compensation to the complainant for the harm caused to the complainant.
- The opposite parties 1 and 2 are directed to give Rs.1,000/- as cost to the complainant.
The Order shall be complied with a period of 30 days from the date of receipt of this Order, in default, the amounts will carry @ 9% interest from the date of this Order till realization.
Pronounced in the Open Commission on this the 15th day of June, 2022.
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Copy of bill dtd.23-07-21 issued by 1st opposite party3
A2 -Outpatient record at Taluk Head Quarters Hospital, Vaikom.
By Order
Assistant Registrar
