BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.234 of 2015
Date of Instt. 01.06.2015
Date of Decision : 02.03.2016
Architech Rajvinder Singh @ Raja son of Dalvinder Singh R/o House No.172-A, Street No.5, Backside Mani Karan School, Arman Nagar, Village Dhilwan, Post Office Dakoha, Tehsil and District Jalandhar.
..........Complainant Versus
1. Easy Day Bharti Retail Limited, Jay Kay Palace, Hoshiarpur Road, Rama Mandi, Jalandhar, through its Branch Manager Ajay Bihari.
2. Easy Day Bharti Retail Limited, 1st Floor, Orchid Centre, Golf Road, Sector-53, Gurgaon, Haryana, through its Manager.
.........Opposite parties
Complaint Under Section 12 of the Consumer Protection Act.
Before: Sh.Ashwani Kumar Mehta (President)
Ms. Jyotsna Thatai (Member)
Sh.Parminder Sharma (Member)
Present: Sh.Bipin Modi Adv., counsel for complainant.
Sh.DK Gupta Adv., counsel for opposite parties.
Order
Jyotsna Thatai (Member)
1. Complainant Architect Rajvinder Singh has filed the present complaint against Easy Day Bharti Retail Limited etc opposite parties (OP) under section 12 of the Consumer Protection Act, on the allegations of deficiency in service, negligence, with a further prayer to pay Rs.20,000/- as harassment, agony, mental tension, financial loss to the complainant.
2. The case of the complainant in brief is that complainant alongwith her daughter namely Harleen went to the shop of OP No.1 on 6.5.2015 at about 7.04 PM and purchased some items worth value of Rs.870/- and details of items are mentioned in the bill of OP No.1; that after the consumption of one item i.e. Chicken Fingers, the complainant and his daughter started feeling unwell and they went to Vikram Hospital, Jalandhar for check-up and undergone various test and got treatment; that immediately after eating chicken fingers, the complainant and his daughter started vomiting and loose motions many times on 7.5.2015. The doctor of said hospital prescribed the medicines which were taken by the complainant and his daughter; that complainant spent a sum of Rs.15,000/- on his and his daughter's treatment; that thereafter the complainant checked the wrapper and found that item which were purchased and eaten by the complainant and his daughter were of expiry date; that complainant reported the matter to the District Health Officer, Jalandhar and also gave news in the newspapers; that the complainant could not attend his work for five days and his daughter missed the school for three days. There is also loss of education of his daughter. This act and conduct of the OP amounts to deficiency in service, negligence on the part of the OP which caused harassment, mental tension and agony and deficiency in service on the part of the OP. Hence, present complaint was filed.
3. After formal admission of the complaint, notice was issued to the OPs and OPs appeared through counsel and filed written statement contesting the complaint on the preliminary objections that the complaint is not maintainable and complainant has not come to the Forum with clean hand. On merit, it is wrong and incorrect that the expired chicken fingers were purchased by complainant. No expiry products are/were sold by Easy Day at any point of time. Alleged packet of chicken fingers were never sold by OPs to the complainant. It is incorrect that complainant and his daughter suffered the alleged problem mentioned in the complaint due to eating of chicken fingers. Present complaint has been filed by him with some ulterior motive just to malign the reputation of Easy Day Store, which is one of the largest retail chain in India. It is incorrect that complainant has suffered loss much less for sum of Rs.20 Lacs and his daughter suffered loss of education. Since complainant came to the Easy Day Store on 7.5.2015, so question of not attending the office and not visiting the site does not arise. Complainant has concocted a false story. It is incorrect that OP had been negligent and deficient at any point of time. In the absence of any such fact, question of suffering mental tension, agony, loss of finance, time and botheration does not arise. OPs are not liable to to pay any amount. All other allegations mentioned in the complaint were denied with a prayer to dismiss the complaint with cost.
4. Both the parties were given sufficient opportunities to lead evidence in order to prove their respective cases.
5. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavits Ex.CW1/A and Ex.CW2/A alongwith copies of documents Ex.C1 to Ex.C7 and closed evidence.
6. On the other hand, learned counsel for the OPs has tendered affidavit Ex.OP1/A and closed evidence.
7. We have carefully gone through the record and also heard the learned counsels for the parties.
8. It is clear that the complainant had purchased a packet of chicken finger from OP No.1 on 6.5.2015 which had an expiry date of 30.4.2015, the complainant had attached copy of original bill Ex.C1 and wrapper Ex.C2. On consuming the chicken finger, the complainant and his daughter fell ill and rushed to Vikran Hospital, 11-Golden Avenue, Garha Road, Jalandhar on 7.5.2015 with a complaint of nausea/vomiting and watery loose motions. Complainant produced OPD slip of Vikram Hospital, Ex.C3 and Ex.C4 for himself and copy of OPD register as Ex.C7. The complainant has also complained to District Health Officer, Jalandhar in this regard and produced copy of complaint as Ex.C5 and had also reported the matter in newspaper as Ex.C6. The complainant has also produced affidavit of Dr.Vikram Vassan of Vikram Hospital, Jalandhar in support of his claim.
9. We find no merit in this arguments of the OPs that expired chicken fingers were not sold by them and complainant did not suffer illness by consuming the expired chicken finger.
10. Therefore, we held that there was unfair trade practice by OPs by selling defective expiry date products, the consumption of which caused vomiting and loose motions to the complainant and his daughter Harleen as well as mental agony and other troubles to the complainant. The present complaint is accepted and OPs are directed to pay Rs.10,000/- as compensation and Rs.3000/- as litigation expenses to the complainant within one month from the date of receipt of copy of the order failing which they shall be liable to pay interest on the above amount @ 9% per annum after the expiry of said period of one month till the date of payment. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.
Dated Parminder Sharma Jyotsna Thatai Ashwani Kumar Mehta
02.03.2016 Member Member President
