DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 487/2014
Date of Filing: Date of Admission Date of Disposal:
01.09.2014 01.09.2014 08.06.2015
PETITIONER = Vs. = O.Ps.
Debashis Debnath 1. Dabur Nepal Pvt. Ltd
S/o. Lt. Robi Debnath of Rampur Tokani, Bara,
of K.C. M. Street Nimta, Birgung, Dint, Nepal.
Natun Pally, Birati, 2. Dabur Nepal Pvt. Ltd
Kolkata-700049, 8/3, Asaf Ali Road,
Dist-North 24 Parganas. New Delhi-110009.
3. Dabur Nepal Pvt. Ltd
Of 22, Merlin House, 1st Floor,
Near navina cenema, Prince Anwar
Shah Road, Tollygunge, Kolkata-33.
4. Big Bazar(Future Retail Ltd)
Of 185, M.B. Road, Birati,
Kolkata-700051.
J U D G E M E N T
Facts of the case, in short, is that the OP No-1 is a company incorporated under Companies Act, 1956 having the business of manufacture of fruit juice through the Bengal and OP No-2 and 3 are the marketing and supplying the same under the OP No-1 and the OP No-4 is the retailer and sells various items of the OP No-1 and the complainant is the Consumer under the OP NO-1,2 ,3 and 4.
Complainant stated that the complainant on 27.08.2014 purchased some goods along with some fruit drinks from the retailer i.e. OP No-4 for his minor son which was manufactured by the OP No-1 and marketed by the OP No-2 and 3 and in this regard the OP No-4 issued a bill towards the complainant and the complainant paid the same.
Complainant also stated that on 27.08.2014 at about 3pm the complainant along with his minor son went to the OP No-4 shop with an intention to purchase
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some products along with some fruit juice and on that days the complainant purchased 1 litre REAL PNAP which is valued Rs 90/- by taking proper cash memo dated 27.08.2014 vide cash memo no-0038811 from the end of the OP No-4 and the bottle was mentioned with statutory caution for validity only six months from the date of the manufacture.
Complainant further stated that thereafter the complainant and his minor son went to their home along with the goods as well as the pineapple juice and after reaching at home, the wife of the complainant opened the bag and kept the same on the table without broking the seal.
Complainant stated that thereafter the next date i.e. 28.08.2014 the complainant came to home with his minor son from school and the minor son was refreshed by her mother and the son of the complainant broke the seal of the pineapple juice bottle and drunk little juice in presence of the complainant and his wife and after lapse of 5 minute suddenly the minor’s health conditions was deteriorated and he started to vomit and also feeling abdomen pain, in that time the complainant and his wife were managed to supervise their son and control the situation, thereafter the complainant as usually opened the bottle cap of the pineapple juice then he noticed some congealed unhygienic elements came out from the inside of the said bottle, there after the complainant poured a some portion of the said juice from the bottle into a fresh glass then he was astonished to see that some small insects in the said and there were a bad smell was coming out from that bottle and on seeing that he quickly tapped the cap of the bottle to close it.
Complainant also stated that the complainant along with some well-wishers immediately rushed to the shop of the OP No-4 by carrying the said bottle and brought notice to OP No-4 regarding the foul elements found inside of the bottle but the OP No-4 took it in very casual manner and then ignored it.
Complainant further stated that the representative of the OP No-3 and 4 came at the home of the complainant with some another fruit drinks and some chocolate and some chips packet and the representative of the OP No-3 and 4 took the whole matter as a casual manner and pressured upon the complainant not to disclose the matter in the public place and offer some money to the complainant for compensation when the complainant denied their proposal then they threatened upon the complainant and his family, and in the meantime some local respectable people came forward and then the representative of OP No-3 and 4 left the place.
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Complainant stated that the OPs acted heedlessly and conducted carelessly the thereby failed in discharging the duties owing to the complainant and for that complainant suffered several damage. The acts and activities of the OPs are the glaring example of unfair trade practice and the complainant is of firm belief that the OPs with its men and agents are playing a foul game in a very clandestine manner with the complainant. Hence the complaint.
OP No-2 and 3, 4 contested the case by filing separate written version but OP Bo-1 did not turn up to contest the case. .
OP No-2 and 3 stated that the present case is not maintainable since the complainant is trying to take benefit of their own wrongs.
OP No-2 and 3 also stated that they are a reputed company, dealing in fast moving consumer goods for many years and have earned their repute by their diligent and responsible service to the society. The OPs and their employees and representatives do not have the culture to act in the manner alleged in the paragraph under reply.
OP No-2 and 3 further stated that OPs deny that the minor son of the complainant was under treatment or is in shock due to the incident as alleged or for any fault on the part of these OPs or that the OPs ever acted in any causal manner.
OP No-4 stated that the complainant had purchased the one real juice pineapple 1 Ltr. On 27.08.2014 manufactured by Dabur India Limited from Big Bazar-Birati out let of the OP No-4 in pre-packed conditions as supplied by the manufacturer. Admittedly the same was sold before expiry date in non-transferable sealed paper container. Hence the retailer OP No-4 has no control over the content of the same.
OP No-4 also stated that the declaration on the package of the article recorded by the manufacturer is clearly addressed to the end users/customers of the articles. The answering OP No-4 has duly discharged his obligation to sell the product without any violation of law and legal compliances related to display, storage, sale, weight and measures, MRP and date of expiry.
OP No-4 further stated that the alleged product is manufactured by Dabur India Limited which enjoys time honored reputation of quality and commitment.
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The customer till this day has not submitted any document in support of his allegations nor the answering OP receive any similar complaint is respect of the similar stock and batch of the alleged article sold from its outlet.
OP No-4 stated that the fact of the complainant visited the store of Big Bazar- Birati with some antisocial and demanded huge money without showing any proof and threatening of media scandals. Thereafter complainant was guided that the issue is related to the manufacturer and he has to submit a written complaint which will forwarded to the manufacturer to immediate action. Accordingly complainant registered a complaint and the matter was forwarded by the OP No-4, to the manufacturer forthwith.
OP No-4 further stated that there is no deficiency of service and unfair trade practice on the part of the OP No-4 as alleged in the complaint petition.
Point for Decision:-
1. Is the complaint maintainable under the C. P. Act ?
2. Was there any negligence or deficiency in service on the part of the O.P ?
3. Is the complainant entitled to get the relief as prayed for ?
Decision with Reasons
All the points are taken up together for consideration for convenience and brevity. In coming into conclusion regarding the present dispute we have gone through the Complaint and Written Version and also critically appreciated the material documents on record and ‘Test Report’ submitted by the Complainant and we have gathered that the Complainant is a consumer.
The record reveals that the specific allegation of the Complainant is that on 27.08.2014 complainant purchase the REAL PNAP juice from the OP No-4 and 28.08.2014 the complainant’s son drunk little juice in presence of the complainant and his wife and after lapse of 5 minute suddenly the minors health condition was deteriorated and he started to vomit and also felt abdomen pain. He was somehow saved. Thereafter complainant opened the bottled cap of the Pineapple juice and noticed some congealed unhygienic elements came out from the inside the bottle. Thereafter complainant poured some portion of the said juice from the bottle into a fresh glass and saw that some small insects in the said juice and on seeing that quickly tapped the cap of the bottle to close it. After filing of this case complainant sent the sample of the juice to Director of National Test house for testing.
Manifestly it revealed from the test Certificate-
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SL No. Test Name Test Result Limit
1 Total plate Count 1080 cfu/ml not more than 50 cfu/ml
2 Yeast & Moluld Count 236 cfu/ml not more than 2.0 cfu/ml
3 Coliform count Present in absent in 100 ml
100 ml of sample
From the test certificate report it is clear that the allegation of the complainant is true.
On the other hand the Ld. Advocate of the OPs argued that from the test certificate it is clear, that the bottle of juice was unsealed. If the bottle of juice is not unsealed how can the purchasers/customers/consumers can use and/or consumed the same. So, the bottle remain unseal at the time of sending the said bottle to the “Test Lab” for testing the same.
Thus, the fact remains that the OPs Company is the Pvt. Ltd Company Name Dabur Nepal Pvt. Ltd is a reputed Company and running their business since long in this State as well as across the State. So, being a reputed and renounced company like OP sales the defective products (juice) which is proved from the test report of the National Test House, Kolkata. It is obviously considered as Unfair Trade Practice under section 2(1)(r) of the Consumer Protection Act, 1986 and OPs company must be penalized for the said act of them, as because OPs regularly sales to all its purchasers/customers/consumers such kind of defective products who are not aware this facts and circumstances and makes complain like this complainant. Hence complainant is entitled to get relief is this case So, the unanimous decision of the Forum is that the Opposite Parties are truly liable to pay the compensation to the Complainant for their deficit act towards the Complainant and should be penalized for such Unfair Trade Practice.
Therefore, in the light of the above discussion, we are of the opinion that the Complainant is entitled to get the relief as prayed for and consequently the points for consideration are decided in affirmative.
Hence
It is ordered,
that the complaint and same be allowed on contest against the OP No-2,3 and 4 and exparte against OP No-1.
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OP No-2, 3 and 4 are directed to pay a sum of Rs 10, 000/- to the complainant for compensation for harassment, mental agony and deceiving the Complainant, within one month from the date of this Order.
OP No- 2, 3 and 4 are also directed to pay a sum of Rs. 30,000/- only to the State Consumer Welfare Fund for adopting Unfair Trade Practice within one month from the date of this Order, failing which OP No-2,3 and 4 shall have to pay sum of Rs 200/- per day from the date of this order till its realization, as punitive damages, which shall be deposited by the OP No-2,3 and 4 in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member Member President
