Date of filing    :  08-12-2014

                                                                     Date of order   :  30-01-2015

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                             CC.267/2014

                      Dated this, the 30^th   day of  January  2015

PRESENT:

SMT.P.RAMADEVI                                         : PRESIDENT

SMT.K.G.BEENA                                          : MEMBER

SMT.SHIBA.M.SAMUEL                               : MEMBER

Kabeer, Dharal,Ihsan,                                             : Complainant

Nellikkata, Edaneer.Po. Kasaragod

(In Person)

1 B.A. Store, Berka Complex,                                : Opposite parties

   Nellikkata, Edaneer.Po. Kasaragod.

2 Registered Office 614,

   Thulsiyani Chembers,  Narimanpoint,

   Mumbai.400 021.

(Ops 1 & 2 Exparte)

                                                                        O R D E R

SMT.K.G.BEENA, MEMBER

            The case of the complainant is that on 6-10-2014 he purchased 4 packets of  Sunrich oil from opposite party No.1’s  shop for Rs.240/- for a marriage  treat.  While preparing fry with that oil, when the oil boils, its colour changes  seems like water. Complainant  failed to prepare fry with that oil, he convinced that it is adulterated. . When the complainant approached opposite party No.1 with this complaint he evaded from responsibility.  All this unfortunate incidents happed in connection with a marriage  caused severe mental agony, loss and insult to the complainant. Hence the complaint for necessary redressal. 

2.         Opposite parties served notice did not  turned up.  Name of both opposite parties called absent set exparte.

3.         Complainant is examined as PW1.  Ext.A1 and MOs 1 to 4 marked. Heard.

4.         Complainant deposed before the Forum that on 6-10-2014 he purchased some goods from opposite party No.1 for a marriage treat.   It includes 4 packets ‘sunrich’ oil for Rs.240/-.  The receipt is marked as Ext.A1.  While preparing fry with that oil, oil seems  like water and complainant failed to prepare fry.  Complainant produced 2 bottles of oil and 2 empty  covers which are marked as MO-1 to MO-4 respectively.  Opposite party No.1 evaded from his responsibility by saying that “it is a company product and I am helpless”.  Complainant came to know that the oil is adulterated hence he tried to contact opposite party No.2 through the number shown on the packet of sunrich oil.   But that number is not in use.  Complainant is insulted infront of his relatives  and friends as he could not conduct the marriage treat.  Moreover the conduct of opposite party No.1 caused mental agony to the complainant.   Selling of adulterated products for more profits itself is unfair trade practice and deficiency in service.  Opposite party No.1’s attitude towards the complainant amounts to deficiency in service. Opposite party No.1 cannot evade himself from the responsibility of the product  he sold.  A dealer should know the quality of each  and every product he proposes to sell  and responsible for all the products he sell.  Opposite parties 1 & 2 are liable for the loss sustained to the complainant.

            Hence the complaint is allowed and opposite parties 1& 2 are jointly severally directed   to pay Rs.5000/- as compensation and Rs.1000/- as cost.  Time for compliance is 30 days from the date of receipt of copy of order

MEMBER                                                             MEMBER                                                             PRESIDENT

Exts.

A1.  6-10-14 Bill for an amount of Rs.1885/-

MOs 1 to 4  Sunrich Oil packets

MEMBER                                                             MEMBER                                                            PRESIDENT

Pj/