Punjab

Ludhiana

CC/20/39

Simrandeep Singh - Complainant(s)

Versus

Happy Departmental Store - Opp.Party(s)

Ramandeep Singh Adv.

03 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:  39 dated 28.01.2020.                                                         Date of decision: 03.05.2024. 

 

Simrandeep Singh son of Shri Kultar Singh, resident of House No.E-10/9229, St. No.1, Bahadur Ke Road, Anand Vihar Colony, Ward No.2, near Dukh Niwaran Sahib Gurudwara, Ludhiana.                                                                                                                                                 ..…Complainant

                                                Versus

1. Happy Departmental Store, Jain Nagar, Shivpuri Road, Ludhiana (M) 81466-42254, 0161-5032760 through its Proprietor.
2. Britannia Industries Limited, 5-1-A, Hungerford Street, Kolkata-700017, West Bengal (M) 033-22872439, 22872057, Fax No.033-22872501 through its Managing Director.
3. Britannia Industries Limited having its executive office at 16^th and 17^th Floor, Whitefield Main Road, Mahadevpura post Banglore, 560048 through its Managing Director.
4.  Britannia Industries Limited, 33 Lawrence Road, Britannia Chowk, New Delhi through its Manager.

…..Opposite parties 

Complaint Under Section 12 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Ramandeep Singh Mokha, Advocate.

For OP1                         :         Exparte.

For OP2 to OP4             :         Sh. V.S. Mand, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Shorn of unnecessary details, the facts of the case are that on 20.12.2019, the complainant purchased one Britannia Gooday 12 PCS packing from OP1 vide invoice No.044996 by cash payment. When the complainant checked the packets of biscuit he found the weight of the packet approximately 17 Gram instead of mentioned weight of 38 Gram on it and the complainant also smelled some foul in the packet. The complainant stated that he took photograph at the weighing of packed biscuit. The said biscuit is manufactured by OP2 to OP4. According to the complainant it amounts to unfair trade practice on the part of OP2 to OP4 by giving very less biscuit to the people than the weight mentioned on the packet. OP2 to OP4 have sold defective biscuit having manufacturing fault intentionally and deliberately due to which the complainant has suffered mental tension, harassment, agony etc. for which the Ops are liable to pay compensation to the complainant. The complainant sent a legal notice dated 09.01.2020 upon the OPs but to no effect. Hence this complaint whereby the complainant has prayed for issuing direction to the OPs to replace the biscuit and to pay compensation of Rs.4,50,000/- as well as misc. expenses of Rs.33,000/-.

2.                Upon notice, none appeared on behalf of OP1 despite service and as such, OP1 was proceeded against exparte vide order dated 08.07.2022.

3.                However, OP2 to OP4 appeared and filed joint written statement and assailed by complaint by taking preliminary objections on the ground of having no locus standi to file the complaint etc. OP1 to OP4 stated that the complaint has been filed to extract money from them. They have followed the norms and systems and standards maintained by The Britannia Industries Ltd. is with the backing of a very high and stringent system of quality control at both ends i.e. at the manufacturing stage and the packing stage. OP2 to OP4 further stated that there are a lot of spurious/look-alike products available in the market which does not conform to the statutory standards and the product in question may be one of such products since they have not been able to analyze the product available at their end. Even the complainant has never produced the packet in question for their examination to ascertain the actual weight of the same and no other cogent material is produced by the complainant to establish the claim. Further the standards set up by ‘The Britannia Industries Ltd.’ is in consonance with the standards established by the Quality and Food Safety Norms and the biscuits and all other products manufactured by Britannia Industries Ltd. are with high standards of cleanliness and hygiene and the processes are duly certified for Quality and Food Safety Management system and always aim to provide completely safe and quality products to their consumers. In fact only safe and quality checked products leave the packing units of ‘Britannia Industries Ltd.’ and therefore this is a totally false story aimed at bringing down the repudiation of ‘Britannia Industries Ltd.’ after the complainant’s very many efforts to extract money from ‘Britannia Industries Ltd.’ failed. OP2 to OP4 further stated that they have installed and follow stringent quality control measures which help them in eliminating any type of defective or underweight product. Further they have a Daily Quality Indexing System, whereby a final quality evaluation of every batch of biscuit produced is performed and that batch of biscuit is released for market consumption only after full satisfaction of meeting the specific standards. OP1 has not received any similar complaint of underweight packages from the same batch product. OP2 to OP4 further stated that the complainant has failed to set out any specific averment regarding any defect in the goods sold  by them and has also failed to establish negligence on their part.  

                   On merits, OP2 to OP4 reiterated the crux of averments made in the preliminary objections and facts of the case. OP2 to OP4 have denied that there is any deficiency of service and have also prayed for dismissal of the complaint.

4.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated the averments of the complaint. The complainant also placed on record documents Ex. C1 is the copy of bill/invoice (not legible), Ex. C2 is the  of photograph of product in question and weighing scale, Ex. C3 is the copy of legal notice dated 09.01.2020, Ex. C4 to Ex. C7 are the postal receipts, Ex. C8 is the packet of biscuit i.e. product in question, Ex. C9 is another packet of biscuit, Ex. C10 is the copy of Aadhar Card of the complainant, Ex. C1/A is the copy of tax invoice dated 20.12.2019 and closed the evidence.

5.                On the other hand, the counsel for OP2 to OP4 tendered affidavit  Ex. RA of Sh. Tahir Nizami, Major, Manager Legal with Britannia Industries Limited and closed the evidence. 

6.                We have heard the arguments of the counsel for the parties and also gone through the complaint, affidavit and annexed documents and written statements along with affidavits and documents produced on record by both the parties.

7.                On 20.12.2019, the complainant purchased a packet of 12 Good Day biscuits vide bill No.044996 Ex. C1 = Ex. C1/A for a sum of Rs.55/- from OP1 (Invoice Ex. C1 has become illegible due to fading of ink and as per directions a photocopy of bill was produced by the complainant which is now marked as Ex. C1/A). On inspection, one of the Good Day biscuit packet was found to be underweight having actual weight of 17 grams against the weight mentioned in the wrapper 33gm+5gm=38gm. So the grievance of the complainant is that he has been supplied with 21 gram less weight packet of biscuits. Though OP2 to OP4 had referred to a letter dated 18.01.2020 whereby they requested the complainant to hand over the packet for analysis but the same was not produced before this Commission for the reasons best known to the complainant. The complainant had produced two identical packets of Good Day biscuits, one of which containing underweight biscuit exhibited as Ex. C8 while the other packet of normal weight of biscuits is Ex. C9.

8.                During the course of arguments, both the packets were manually compared in terms of their respective weights by this Commission in the presence of counsel for the parties and found that the packet Ex. C8 is apparently underweight when compared with sample specimen biscuit packet Ex. C9. The complainant had also adduced a photograph of Ex. C2 an electronic weighing scale showing the weight of the product to be 17 gram. Section 2(10) of the Consumer Protection Act, 2019 defines the word “defect”. The definition is wide enough to include any fault, imperfection or shortcoming with regard to quantity or the product itself. Further Section 2 (9) (ii) of the Consumer Protection Act provides that the consumer has right to be informed about the quality, quantity, potency, purity, standard and price of the goods, products or services so that the consumer may be protected against the unfair trade practice. Obviously in the present case, the information furnished on the wrapper of the packet Ex. C8 is not wholly correct and is false qua weight of the product. Further the complainant has paid the price of 38 grams of packet of Good Day biscuits and he has been delivered 21 gram less of the product. In other words, it also amounts to overcharging the product in question. OP1, who sold the product to the complainant, is equally liable along with OP2 to OP4 manufacturer of the product. As such, keeping in the view facts and circumstances of the case, it will be just and appropriate if all the OPs are directed to pay composite cost of Rs.5,000/- to the complainant.

9.                As a result of above discussion, the complaint is partly allowed with directions to all the OPs to severally and jointly pay a composite costs of Rs.5,000/- (Rupees Five Thousand only) to the complainant within 30 days from the date of receipt of copy of order failing which the complainant shall be further held entitled to interest @8% per annum from the date of order till actual payment. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.        

10.              Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

 

(Monika Bhagat)                              (Sanjeev Batra)               Member                                         President  

Announced in Open Commission.

Dated:03.05.2024.

Gobind Ram.