Punjab

Sangrur

CC/404/2016

Sukhchain Singh - Complainant(s)

Versus

Bee-Dee Bakers - Opp.Party(s)

Shri R.S.Bhangu

25 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                           

                                                Complaint No.  404

                                                Instituted on:    19.05.2016

                                                Decided on:       25.10.2016

 

Sukhchain Singh son of Shinder Singh, resident of Sapala Patti, Village Saron, Tehsil & Distt. Sangrur.

                                                        …Complainant

                                Versus

1.     Lucky Bakers, Opposite Post Office, Near Baba Maulvi Das Mazar, Nedw Distt. Courts Sangrur.

2.     Pepsico India Holdings Pvt. Ltd. Village Ali Asgarpur, P.O. Ganjbar, G.T.Road, Panipat (Haryana) 132103.

                                                        …Opposite parties

 

For the complainant  :               Shri R.S.Bhangu, Adv.

For OP No.1             :               Shri Ramit Pathak, Adv.

For OP no.2.             :               Exparte.

 

Quorum:   Sukhpal Singh Gill, President

                K.C.Sharma, Member

                Sarita Garg, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Sukhchain Singh, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on 27.8.2015 the complainant purchased twelve bottles of slice cold drink 200 ml and 10 pastery from the OP number 1 against which the Op number 1 issued cash memo dated 27.8.2015 for Rs.244/-.  The grievance of the complainant is that there was foreign material in the bottle and as such approached OP number 1, but the OP number 1 told the complainant that it is only the manufacturer, who is responsible for that.  Further case of the complainant is that though he visited the OP number 1 a number of times, but all in vain.  Thus, alleging  deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to pay him an amount of Rs.50,000/- along with interest as compensation and further to replace the bottle with a new one and further claimed compensation and litigation expenses.

 

2.             In reply filed by M/s. Lucky Bakery, OP number 1, legal objections are taken up on the grounds that the complainant has not come to the Forum with clean hands, that the complainant has concealed material facts and that the complainant is not a consumer of the Ops. On merits, it is stated that Lucky Bakery has no concern with the alleged Bee Dee Bakers, Sunami Gate, Sangrur as the Lucky Bakery is doing the business of bakery and selling confectionery items  for the last more than five years and further the said shop has been taken on lease from Wakf Board by Lucky Bakers vide agreement dated 4.5.2010.  It has been denied that the complainant purchased 12 bottles of slice cold drink from the OP.   The other allegations levelled in the complaint have been denied.

 

3.             Record shows that the OP number 2 was proceeded exparte on 5.7.2016, as the OP number 2 failed to put appearance.

 

4.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 copy of bill, Ex.C-3 and Ex.C-4 photographs, Ex.C-5 bottle of cold drink and closed evidence. On the other hand, the learned counsel for OP number 1 has produced Ex.OP1/1 affidavit, Ex.OP-1/2 copy of lease order, Ex.Op1/3 copy of site plan, Ex.OP1/4 copy of NOC, Ex.OP1/5 copy of site plan, Ex.OP1/6 and Ex.OP1/7 copies of bills, Ex.Op1/8 copy of blank bill and closed evidence.

 

 

5.             We have carefully perused the complaint, version of the opposite parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits  dismissal, for these reasons.

 

 

6.             The learned counsel for the complainant has contended vehemently that he purchased 12 bottles of Slice cold drink from M/s. BEE Dee Bakers, Sunami Gate, Sangrur vide bill dated 27.09.2015, a copy of which on record is Ex.C-2. But, we may mention that when the summonses were sent to the M/s. Bee Dee Bakers, Sunami Gate, Sangrur, then the same were received back with the report of Shri Tej Singh Peon, dated 7.6.2016 that the shop of Bee Dee Bakers was locked and when he enquired from the opposite shop of Surinder, then he told that the shop is lying closed for the last seven months, as such the notice was not served upon M/s. Bee Dee Bakers, Sunami Gate, Sangrur.  Thereafter, the complainant filed a new address i.e. OP number 1 M/s. Lucky Bakery, Sangrur, who in the reply has denied all the allegations levelled in the complaint and further told that the shop i.e. M/s. Lucky Bakery is being run by him since 4.5.2010 and further it is stated that it has no concern with the firm M/s. Bee Dee Bakers, Sangrur. Further to support this version, the Op number 1 has also produced on record the copy of lease order Ex.Op1/2, which shows that the agreement is dated 4.5.2010, meaning thereby the shop M/s. Lucky Bakery is being run since 4.5.2010.  Further the OP number 1 has produced on record the copy of bill dated 30.3.2013 Ex.OP1/6 regarding purchase of double door refrigerator in the name of Lucky Bakery, Court Road, Sangrur and another receipt of Govt. Regd. Repairer and Weight Measures dated 3.11.2015 in the name of Lucky Bakery, Court Road, Sangrur.  Further the complainant has produced nothing on record to show that he ever purchased the cold drinks from M/s. Lucky Bakery, as such, we feel that the complainant has failed to establish his case by producing cogent, reliable and trustworthy evidence on record.

 

7.             In view of our above discussion, we find no merit in the complaint and the same is, therefore, dismissed. However, the parties are left to bear their own costs. A copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                October 25, 2016.

 

 

                                                (Sukhpal Singh Gill)

                                                     President

                               

 

                                                   (K.C.Sharma)

                                                        Member

 

 

                                                    (Sarita Garg)

                                                       Member