Chandigarh

DF-II

CC/753/2022

VIDUL KAPOOR - Complainant(s)

Versus

HALDIRAM SNACKS PVT. LTD - Opp.Party(s)

HARPREET PAL SINGH

06 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	753/2022
Date of Institution	:	02.11.2022
Date of Decision	:	06.03.2023

 

                     

            

 

Vidul Kapoor, aged about 25 Years, S/o Bhavesh Kapoor, Resident of 234-Imperial City, Amritsar, Currently working at A.K Chopra & Associates, #112, sector 16-A, Chandigarh, 160015, Aadhar No.2342 4919 5682, Mobile No.97814-61900.

 

….Complainant

Versus

 

Haldiram Snacks Pvt. Ltd, C-31, Sector-62, Noida-201307, Gautam Budh Nagar, (UP), India, through its Consumer Service Manager. Sunil Kumar, Proprietor, Verka Booth, Sector 16-A, Chandigarh- 160015.

…. Opposite Party.

 

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
Present:-
	Sh.Harpeet Pal Singh, Counsel of complainant
	OP exparte.

 

   

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.     The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 seeking redressal from this Commission against unfair trade practice adopted by the OP to the complainant alleging that the complainant is working at Chandigarh and, therefore, he is entitled to invoke jurisdiction of this Commission. The complainant purchased 4 bags of Haldiram “Snac Lite” bearing batch No.RABG02C having manufacturing date of 02.07.2022 from a local vendor in Sector 16 A Chandigarh, while hosting some important guests. When he was to serve the guests, to his utter dismay and shock, he found that one of the sealed and air tight packets to be underweight and bloated with air. The complainant has to face humiliation and embarrassment before the guests who visited him after a long span of time. It is mentioned that the packet is air tight sealed but empty and presently was in the custody of the complainant and it is brought before this Hon’ble Commission. The complainant was made subject to mockery before his guests and he instantly rushed to the market to purchase some other edible items for serving his important guests. In order to make complaint, he approached opposite parties. The complainant contacted the consumer support number on 13th of August 2022 but the opposite parties failed to provide any satisfactory response. Thus, there is shortcoming on the part of the opposite parties at 2 consequential stages that is pre-sale/manufacturing and another after sale services to the consumer. After consulting an Advocate, the complainant send a legal notice dated 24th of September 2022 to the opposite parties Annexure C-2). So there is deficiency on the part of the opposite parties as the opposite parties have not followed the rules framed under Food Safety and Standards Act 2006. Lastly, the complainant has prayed for awarding compensation of ₹2,00,000  for causing harassment and humiliation to him along with Rs.25,000 as litigation expenses.
2.     The opposite parties did not appear before this Commission despite service of summons upon them and hence they were proceeded against ex-parte.
3.     The complainant filed his affidavit and documents in support of his case.
4.     We have heard the Counsel for the complainant and have gone through the documents on record.
5.     The complainant filed an application for placing on record the product in question that is sealed pack of ‘Haldiram Snac lite’ and also for sending it for analysis and examination of the said packet bearing batch No.RABGO2C, manufactured on 02.07.2022 from the Central Authority constituted under the Act by the Department of the Food and Supplies and Consumer Affairs. The complaint prayed that the application may kindly be allowed and the same was allowed by this Commission vide its order dated 16.11.2022. The seal &  packed packet was sent to DFSO, Legal Metrology Laboratory, Plot No.79,  Industrial Area, Phase 2, Chandigarh UT with a direction to send a report regarding the weight of the packet in question and after making such report it  be send to this Commission along with the packet. In compliance to the order dated 16th of November 2022, the DFSO submitted the following report :-

    “In this regard, it is submitted that detail of the packet and gross weight of the packet is as below:-

Product Name	Haldiram snac lite Fun Fries Masti Munch
Net weight	65g
Mfg. date	02.07.22
Use by	29.10.22
Batch No.	RABG02C
MRP (Incl. of all taxes)	Rs.20.00
Unit Sale Price	0.30 PER GM

The observed gross weight is 18.53 g.

Packet in an intact condition is being also sent along with report.”

6.     From the contents of above mentioned report, it is clear that the weight mentioned on the packet is 65 gram whereas as per report the gross rate is only 18.53 gram. Hence it is lesser weight, which not only amounts to violation of the Rules of Food Safety and  Standards Act 2006 especially Rule 2.2:Labelling, wherein 2.2.1: General Requirements (3) Pre-packaged food shall not be described or presented on any label or in any labelling manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character in any respect but also deceptive and unfair trade practice conducted by the OPs. Therefore, the complainant is entitled to be compensated.
7.     In view of the above discussion, the present complaint deserves to be partly allowed and the same is accordingly partly allowed. The OPs are directed to pay a lump sum compensation of Rs.5,000 to the complainant for causing him harassment and physical harassment on account of Selling underweight packet to him.
8.      This order be complied with by the OPs jointly and severally, within 60 days from the date of receipt of its certified copy.
9.     The pending application(s) if any, stands disposed of accordingly.
10.     Certified copy of this order be sent to the parties, as per rules. After compliance file be consigned to record room.

Announced 06/03/2023
	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT
	Sd/-
	(B.M.SHARMA) MEMBER