Haryana

Panchkula

CC/347/2021

PAWITTER SINGH. - Complainant(s)

Versus

CAKE-O-CLOCK. - Opp.Party(s)

PANCY SINGH SONI.

16 Nov 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	347 of 2021
Date of Institution	:	24.08.2021
Date of Decision	:	16.11.2022

 

 

Pawitter Singh s/o Sh. Banta Singh R/o House No.1036, Street No.10 R, Dogar Basti Faridkot.

                                                                           ….Complainant

Versus

Cake-o-clock, SCO-54, Sector-5, Swastik Vihar, Panchkula.                                                                                                                                                                                                                                       ….Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

 

Before:              Sh.Satpal, President.

                        Dr.Pawan Kumar Saini, Member

Dr.Sushma Garg, Member

 

 

For the Parties:   Sh.Paras Sharma, Advocate for the complainant.

                        OP already ex-parte vide order dated 24.01.2022.

                       

ORDER

(Dr. Pawan Kumar Saini, Member)

1.             The brief facts of the present complaint are that on 28.07.2021, the complainant after paying obeisance at Mansa Devi Mandir, Panchkula visited the shop of OP at around 20:30 pm and purchased prinkles(Pringoooals) & blue-berry pastry. The complainant paid the total consideration which amounting to Rs.252/- vide bill no.19588 to OP.  It is stated that when he started eating the above said items, he found that the chips(prinkles) was not tasty and crunchy.  After few minutes of eating, he felt a bit uneasy and started retching and vomiting. The complainant noticed that the snacks which he consumed, was expired product. The complainant visited the shop of OP with his issue but they mistreated him and did not respond to complainant’s requests for return/exchange of the product and told him that things “Once sold cannot be taken back” and they will not even refund any amount for product.  Due to the act and conduct of the OPs, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             Notice was issued to the OP through process served, which was duly served and thus, due to non appearance of OP, it was proceeded ex-parte by this Commission vide its order dated 24.01.2022.

3.             To prove the case, the ld. counsel for the complainant has tendered affidavit as Annexure C-A along with document Annexure C-1 in evidence and closed the evidence by making a separate statement.

4.             We have heard the ld. counsel for the complainant and gone through the entire record available on the file, minutely and carefully.

5.              The complainant alleged that after paying obeisance at Mata Mansa Devi, Panchkula on 28.07.2021, he visited the shop of OP at around 8:30p.m. and purchased prinkles (pringoooals) and blue berry pastry by paying a sum of Rs.252/- vide bill no.19588 dated 28.07.2021 (Mark ‘A’). As per complainant, eating of chips(prinkles) as purchased by him from OP caused him retching, vomiting and he felt a bit uneasy. It is alleged that the complainant felt uneasy on account of the eating of the expired product. The complainant reiterating the averments made in the complaint corroborated by his affidavit Annexure C-A, Annexure C-1 & Mark ‘A’ & Mark ‘B’ has prayed for acceptance of the complaint by granting the relief as prayed for in the complaint.

6.                The OP has preferred not to contest the present complaint by remaining absent despite services of notice and accordingly, it was proceeded ex-parte vide order dated 24.01.2022 respectively and thus, the assertions made by the complainant go unrebutted and uncontroverted.

7.             Evidently, two items i.e. prinkles(pringoooals) and Blue Berry pastry were purchased from OP vide bill no.19588 dated 28.07.2021(Mark ‘A’) amounting to Rs.252/-. As per Mark ‘B’, it is also evident that the expiry date of the product was 02.07.2021, whereas the said product was sold on 28.07.2021; as such, the product was sold by the OP after its expiry date. Moreover, the contentions of the complainant are unrebutted. Therefore, we conclude that the OP had sold the product beyond its expiry date, which amounts to indulgence into unfair trade practice by OP; hence, the OP is held responsible for its lapses and deficiencies on its part. Thus, the complainant is entitled to relief.

8.             Turning to relief clause, we find that the complainant has prayed for following directions against the OP:-

        a)     To direct the OP to stop such an irrational, unjust, illegal and unfair                          trade practice.

          b)       To direct the OP to return an amount of Rs.190.00 of the product along                    with interest.

          c)       To compensate the complainant to the tune of Rs.50,000/- for mental                      agony, harassment and inconvenience and financial loss and to pay                          litigations cost.  

9.             As a sequel to the above discussion, we partly allow the present complaint with the following directions:-

1. The OP is directed to refund of Rs.190/- to the complainant, along with interest @ 9% per annum w.e.f. 28.07.2021 till actual realization. 
2. The OP is directed to pay an amount of Rs.2,500/- to the complainant on account of mental agony and harassment.
3. The OP is directed to pay an amount of Rs.5,500/- as cost of litigation charges.

 

10.            The OP shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OP failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

 

Announced on: 16.11.2022

 

 

 

        Dr.Sushma Garg         Dr. Pawan Kumar Saini         Satpal

                Member                     Member                     President

 

Note: Each and every page of this order has been duly signed by me.

 

                                            Dr. Pawan Kumar Saini

                                                Member