Haryana

Ambala

CC/232/2015

Pankaj Sharma - Complainant(s)

Versus

Big Bazar - Opp.Party(s)

In Person

02 Mar 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM : AMBALA

                             Complaint Case No.           :         232 OF 2015

                             Date of Institution                :         21-08-2015

                             Date of Decision                  :         02.03.2016

Pankaj Sharma S/o Sh. Devi Parsad and Ramanbaaz son of Harpal Singh Randhawa R/O H.No.10-B, Kirti Nagar, Ekta Vihar Ambala Cantt.

                                                                                                                                                                         :::::::Complainants.

                                                                                                            Versus

1.                Big Bazaar ( A Div. of FRL) Rai Market, Ambala Cantt, Distt, Ambala through its Manager.

2.                Satguru Agencies , K-9, Fateh Nagar, New Delhi-18.

:::::::Opposite Parties.

          Complaint Under Section 12 of the Consumer Protection Act.

CORAM:             SH.A.K.SARDANA, PRESIDENT

                             SH. PUSHPENDER KUMAR, MEMBER

Present:-             Complainants in person

                             Sh. Naveen Chawla,Adv. for OP No.1

                             OP No. 2  ex-parte.                  

O R D E R

1.           Brief facts of the present complaint are that the complainants purchased  an Akarshit Confectionery item Madrasi Heeng bearing code No.89060505500649 and Akarshit Madrasi Mixture bearing code No.8906050500656 (two Namkeen Packets) from the OP No.1 and paid cash amount of Rs.140/- vide invoice No. 0073462 &0001309  dated 12-8-2015 and at the same time representative of OP No.1 assured the complainants that the product is of best quality and  confectionary item (Namkeen) is a regd. Brand.  After purchase of two hours, complainants saw that the date of packing is 22-4-2015  and 29-4-2015 respectively  as mentioned on the packets in question  and was required to be consumed within three months after packing by specifically mentioning on the packets as best before three months. Thereafter complainants at once went to OP No.1 and enquired why they sold expired products but the officials of Op No.1did not give satisfactorily reply to the complainants and by doing so, OPs have committed deficiency in service and unfair trade practice.  Hence, having no alternative, complainants preferred the present complaint seeking relief as mentioned in the prayer para.

 

2.          Notice of complaint was served upon all the OPs but OP No. 2  failed to appear before the forum despite service through Regd. Post and thus he was proceeded against ex-parte vide order dated 19.10.2015 whereas OP no. 1 appeared through counsel and submitted reply raising preliminary objections qua no deficiency in service, no cause of action against the answering respondent and complainants has not come with clean hands and has suppressed the true & material facts by misrepresenting & misinterpreting  and making false allegations etc. On merits, the answering opposite parties denied all the averments made in the complaint and prayed for dismissal of complaint with costs.

 

3.          To prove their version, complainants tendered their affidavits as Annexures C -X & C-Y alongwith documents as Annexures C-1 to   C-4 and closed their evidence whereas on the other hand, counsel for OP No. 1 tendered affidavit of one Sonu Sharma, Authorized representative as Annexure R-X and closed evidence on behalf of OP No.1.

 

4.           We have heard the parties to the complaint and gone through the case file minutely. The main grievance of the complainants is that they purchased  an Akarshit Confectionery item  i.e. Madrasi Heeng and Madrasi Mixture (two namkeen packets) from the OP No.1 by paying a sum Rs.140/- vide bill dated 12-8-2015 which  were sold after the date of expiry as  these were required to be consumed within three months from the date of manufacturing i.e. 22.04.2015 & 29.04.2015 respectively but OP No.1 sold it on 12.08.2015 i.e. after the elapse of 3 months  which is an unfair trade practice.  On the other hand, OP no.1 counsel argued that OP company is the reputed company and provides world class products to its customers and the complainants have filed frivolous complaint only to grab compensation from the Ops and requested for dismissal of complaint.

 

5.           After hearing the parties and going through the record, it is crystal clear from the invoices Annexure C-1 & C- 2  that  Akarshit Confectionery item, Madrasi Heeng & Madrasi Mixture (two namkeen packets) were sold  by OP No.1 to the complainants on12.08.2015 against cash receipt of Rs.140/-.  Further it is also not in dispute that the two Namkeen Packets were having consuming period of three months from the date of its packing  i.e. 22.04.2015 & 29.04.2015 respectively  as reveals from the documents Annexure C-3 & C-4 i.e. true copy of envelops of namkeen packets having clearly embossed  thereupon “BEST BEFORE THREE MONTHS FROM THE DATE OF PACKING”.

 

6.                    So, from the above discussed facts, we have come to the conclusion that the two Namkeen Packets of Akarshit Confectionery item i.e. Madrasi Heeng  & Madrasi Mixture sold to the complainants by the OP No.1  were of expiry date at the time of sale. Hence, it is a clear cut case of deficiency in service and unfair trade practice committed by OP no.1. Accordingly we accept the complaint and direct the OP no.1 to comply with the following directions within thirty days from the communication of this order:-

                (i)         to return cost of two Namkeen Packets of Akarshit Confectionery item i.e. Madrasi Heeng  & Madrasi Mixture i.e. Rs.140/- to the complainants alongwith simple interest @ 9% per annum from the date of institution of complaint to till its  realization.

               (ii)         to pay  Rs. 2000/- as  compensation  for  harassment and mental pain.

              (iii)          also to pay Rs.2000/- as cost of litigation.

Further the aforesaid order/directions issued above must be complied with by the OP No.1 within a stipulated period failing which all the awarded amounts shall further attract simple interest @ 12% per annum for the period of default. So, the complaint is decided in above terms. A copy of this order be sent to the parties concerned free of cost. File be consigned to the record room after due compliance.

Announced:02.03.2016                                                                  Sd/-

                                                                                            ( A.K.SARDANA)

                                                                                                        PRESIDENT

                                                                   Sd/-

                                                           (PUSHPENDER KUMAR)

                                                               MEMBER