BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No.126-14

Date of Institution:11-03-2014

Date of Decision:18-02-2015

Rajvinder Singh son of S.Bhupinder Singh, resident of 13-C, Rattan Chand Road, Mall Road, Amritsar.

Complainant

Versus

1. M/s.Tasteress Brahm Nagar, Mall Road, Amritsar through its proprietor.
2. Bonn Nutrients Pvt.Ltd. 204/K-1, Chandigarh Road, Jhabowal Ludhiana-141123 through its MD, S.Manjit Singh.  

Opposite Parties

Complaint under the Provision of Consumer Protection Act.

Present: For the Complainant: Sh.Geetinder Singh Majhail, Advocate.

              For the Opposite Party No.1: Exparte

              For the Opposite Party No.2: Sh.Vishal Puri, Advocate.

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member      

Mr.Anoop Sharma, Member

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Sh.Rajvinder Singh under the provisions of the Consumer Protection Act, alleging therein that on 1.3.2014 he purchased one Bonn Bread from Opposite Party No.1 by paying Rs.20/- in cash. Complainant alleges that when he opened the packing of the said bread, it was found that there was one dead fly (makhi) and few human hairs were found in the slices of the said bread. On physical verification of the packing of the bread, the complainant found that expiry date of the said bread was 04.03.2014 and also found that lot number of the said bread was 04-03-14 (0127) 09 lot No.A2. The complainant made a telephonic call on the landline number of Opposite Party No.2 i.e. 0161-2685104, but there was no reply, then the complainant made a telephone call on toll free number of the company. The operator told the complainant that there representative of Amritsar will contact the complainant. That within half an hour one Sukhdeep Singh made a call to the complainant from his Mobile  Number 9914512577 and enquired about the complaint and told the complainant that he is coming within half an hour. At about 7 in the evening of 1.3.2014 said Sukhdeep Singh inspected the bread and took the photographs of the same and sent the same through whatsapp  on Mobile No.9914512526 of Mr.T.N.Khanna, Regional Sales Head to the person concerned at Ludhiana. Thereafter, a call from Ludhiana from Mobile No.9914512526 was received on the mobile of complainant i.e. 9878490093 and told the complainant after seeing the photographs of the bread of his  whatsapp that there is not a fly, but a over cooked part of the bread, but confirmed that there are human hairs  detected in the slice in the bread. Next date i.e. on 2.3.2014 Mr.Ajay Sharma Sales Executive visited the house of the complainant and inspected the bread and confirmed to Mr.T.N.Khanna, Regional Sales Head regarding the presence  of dead fly and human hairs in the slices of the bread. On 3^rd and 4^th March, the complainant received phone calls from Opposite Parties for compromise and offered the complainant that they will supply free of cost bread for one year, on the denial of complainant he gave another offer that company can give gift hamper of worth Rs.25,000/- for hush-up the matter. When the complainant did not agree to accept the mal practice of the Opposite Party, the Regional Sales Head told the complainant to do whatever the complainant wants,  they are not bothered about any legal action. Due to the unhygienic bread manufacturing and sold by the Opposite Party, the complainant suffered mental harassment, agony and pain which can not be compensated in any manner.    Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite parties to pay Rs.1 lac for mental harassment, agony and pain besides  Rs.1 lac for manufacturing and sale of unhygienic food.  Litigation expenses were also demanded.
2. On notice, Opposite Party No.1served, but none appeared on behalf of Opposite Party No.1, so Opposite Party No.1 was proceeded against exparte vide order dated 5.8.2014 of this Forum.  
3. Opposite Party No.2 appeared and filed written version in which it was submitted that the present complaint is not maintainable against the answering Opposite Party. Since no document has been placed on the record by the complainant that could show that the bread in question was purchased by him from Opposite Party No.1 and complainant has failed to make nexus of consumer with the answering Opposite Party. It is denied that one Sukhdeep Singh made a call to the complainant from his mobile number and enquired about the complaint. It is also denied that on 1.3.2014 Sukhdeep Singh inspected the bread and took the photographs of the bread and sent them to T.N.Khanna RSM Sales Head at Ludhiana.   While denying and controverting other allegations, dismissal of complaint was prayed.
4. Complainant tendered into evidence his affidavit Ex.C-1 alongwith documents Ex.C2 to Ex.C8 and closed the evidence on behalf of the complainant.
5. Opposite Party No.2 tendered into evidence affidavit of Sh.Vishwas Puri Ex.OP2/1 alognwith authority letter Ex.OP2/2, and closed the evidence on behalf of the Opposite Party No.2
6. We have carefully gone through the pleadings of the parties; arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
7. From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that  the complainant  purchased one Bonn Bread from Opposite Party No.1 on 1.3.2014 on payment of Rs.20/. When the complainant opened the packing of the said bread, he found that there was some foreign material like dead fly and few human hairs in the slices of the said bread. The  expiry date of the said bread was 04.03.2014 and  lot number of the said bread was 04-03-14 (0127) 09 lot No.A2. The complainant made a telephonic call on the landline number of Opposite Party No.2  company, but there was no reply, then the complainant made a telephone call on toll free number of the company i.e. Opposite Party No.2 which was attended by the operator who told the complainant that there representative of Amritsar will contact the complainant. Within half an hour, one Sukhdeep Singh enquired from the complainant on mobile number about the complaint and stated the complainant that he is coming within half an hour. In the evening of 1.3.2014  said Sukhdeep Singh inspected the bread and took the photographs of the same and sent the same through whatsapp  on Mobile No.9914512526 of Mr.T.N.Khanna, Regional Sales Head at Ludhiana of Opposite Party No.2 . Thereafter, a reply was  received from Ludhiana  that there is not a fly, but a over cooked part of the bread, but confirmed that there are human hairs are detected in the slice in the bread. The complainant submitted that on the next date i.e. on 2.3.2014 Mr.Ajay Sharma Sales Executive visited the house of the complainant and inspected the bread and confirmed that there was some foreign material and human hairs in the slices of the bread. The Opposite Party No.2 made efforts for compromise with the complainant, but the complainant refused to effect compromise and when the complainant refused to accept the mal practices of the Opposite Party, they threatened the complainant to do whatever the complainant wants.   Ld.counsel for the   complainant, submitted that all this amounts to deficiency of service on the part of the Opposite Parties.
8. Whereas the case of the  Opposite Party No.2 is that the complainant could not produce any cogent evidence to the effect that he has purchased the bread in question from Opposite Party No.1. Opposite Party No.2 denied all other averments of the complainant. They also denied that Sukhdeep Singh of Opposite Party No.2 inspected the  bread and took the photographs of the bread and sent them to T.N.Khanna RSM Sales Head at Ludhiana.  Opposite Party No.2 further denied that there was any foreign material in the slices of the bread and ultimately, ld.counsel for the Opposite Party No.2 submitted that there is no   deficiency of service on the part of the Opposite Party No.2 qua the complainant.
9. It may be mentioned here that the bread in question was sent to Punjab Biotechnology Incubator, Agri & Food Testing Laborataory (A State Government Undertaking), Mohali vide this office letter No.113/DCF/ASR dated 13.3.2014 Ex.C4 for test and report. Thereafter, Punjab Biotechnology Incubator, Agri & Food Testing Laborataory (A State Government Undertaking), Mohali vide its report Ex.C3 stated that foreign matter  was found present in the bread i.e. Hair, Coloured Woolen Material. The complainant also produced on record the photographs of the bread alognwith its cover containing batch/ lot number, manufacturing date, expiry date etc. which are Ex.C5 to Ex.C8.
10. From the entire above discussion, we have come to the conclusion that the complainant purchased Bonn Bread, in question, manufactured by Opposite Party No.2 on 1.3.2014 from Opposite Party No.1 on payment of Rs.20/-. The complainant also produced in this Forum, the bread as well as photographs of the bread Ex.C5 to Ex.C8 containing batch/ lot number, manufacturing date, expiry date, etc. The Opposite Party No.2 could not rebut this documentary evidence produced on record by the complainant. Said bread was apparently containing some foreign material in the slices of the bread. Resultantly, the bread in question was sent to Punjab Biotechnology Incubator, Agri & Food Testing Laborataory (A State Government Undertaking), Mohali by this Forum vide letter No.113/DCF/ASR dated 13.3.2014 Ex.C4 for test and report and the aforesaid labotary, vide their report Ex.C3 submitted  the test result, by concluding that bread was containing foreign material Hair, Coloured Woolen Material in the slices of the bread. The Opposite Party No.2 could not rebut this report of the laboratory which is admissible under the law. As such, it stands fully proved on the record that bread in question  manufactured by Opposite Party No.2 which was purchased by the complainant from Opposite Party No.2, dealer was containing foreign material i.e. Hair and Coloured Woolen Material which could be dangerous to the health of person who would have  consumed the said bread. As such, it stands fully proved on record that  the bread in question was adulterous and was dangerous to the human consumption which amounts to deficiency of service on the part of Opposite Party No.2 qua the consumer i.e. complainant in the present case. Resultantly, we hold that Opposite Party No.2 is certainly in deficiency of service.
11. Ld.counsel for Opposite Party No.2 submitted that the complainant has not suffered any loss due to foreign material found present in the slices of the bread. As such, he is not entitled to any compensation.  Here we do not agree with this contention of the ld.counsel for the Opposite Party No.2 because had the complainant consumed the said bread having foreign material, it could be dangerous to the human life on consumption. Therefore, the complainant is entitled to compensation even though he has not suffered any loss.
12. Consequently, we partly allow the present complaint. Opposite Party No.2 is directed to pay compensation to the tune of Rs.10,000/- to the complainant. Opposite Party No.2 is also directed to pay Rs.2000/- to the complainant as litigation expenses. Compliance of this order be made by Opposite Party No.2 within 30 days from the date of receipt of copy of this order.   Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Dated: 18.02.2015.                                                            (Bhupinder Singh)                                                                                                   President

                                                                       (Kulwant Kaur Bajwa)

                                        Member

                                                                           (Anoop Sharma)

                                      Member

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