DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)
Consumer Complaint No.806 of 2020
Date of institution: 09.06.2020 Date of decision : 18.09.2020
Daljit Singh S/o Sh. Jaswant Singh R/o House No. 2458, Phase-11, Mohali.
…….Complainant
Versus
- Jindal Traders, SCO-5, Phase-2, Mohali through its Incharge/Proprietor.
- Mama Foods Products C/o Jindal Traders, SCO-5, Phase-2, Mohali through its Incharge/Proprietor/
……..Opposite Parties
Complaint under Consumer Protection Act.
Quorum: Shri Sanjiv Dutt Sharma, President.
Mrs. Natasha Chopra, Member,
Present: Sh. Kulwinder Singh, cl for the complainant
OPs ex-parte.
Order dictated by :- Shri Sanjiv Dutt Sharma, President.
Order
Opposite No.1 (hereinafter referred as ‘OP No.1’ for short) is running a shop in SCO No.5, Phase-2, Mohali. Complainant (hereinafter referred as ‘CC’ for short) visited the shop of the OP No.1 in Phase-2, Mohali for purchase of various items and paid Rs.518/- vide bill Ex.C-1. It is on the file that the CC opened the noodle box on 31.05.2020 on the next day and found that some worms were there in the noodles purchased from OP No.1. When he further checked the noodle box, he found that there was no manufacturing date printed on the packet of the noodles and there was even no address of customer care centre written on the box of noodles. It is also specifically alleged that by taking advantage of COVID-19 pandemic, the shop keepers and manufacturers like OPs are selling their old and defective goods which is a very serious matter.
2. Case called several times since morning. None appeared on behalf of the OPs. Even no information or telephonic communication received from the OPs. OPs are Local traders. Notice issued to the Ops through office peon was served upon them on 06.08.2020. None appeared for the OPs. It appears that OPs are not interested to continue with the present complaint, hence the OPs are proceeded against ex-parte.
3. On the other hand, counsel for the complainant has stated vide his separate statement that he does not want to continue with the present complaint. He is advised by his client not to continue with the present complaint.
4. It is seen that in most of the cases notices being sent to the OPs and as and when the notices are received by them, the matter is being compromised outside the Commission between the complainant and the Ops and the complaints are withdrawn. This is going on for the last two years and thousands of complaints have been withdrawn like this and the OPs are continuing their malpractices and unfair trade practices. We feel, that the very purpose of the Consumer Protection Act will fail if the Ops are allowed to go scot free like this. There are chances that intentionally such complaints are being filed to blackmail the OPs and the moment they are served, the same are withdrawn on the very first day and they, OPs continue to do the same. This definitely falls within the definition of misuse of process of law.
5. Accordingly, we feel that there is sufficient evidence against OP No.1 on the file which proves that OP No.1 is running a shop in SCO No.5, Phase-2, Mohali. The complainant visited the shop of the OP No.1 in Phase-2 and purchased various items and paid Rs.518/- vide bill Ex.C-1. It is on the file that when the complainant opened the noodle box on 31.05.2020 on the next day and found some worms in the noodle box purchased from OP No.1 and when he further checked the noodle box, he found that there was no manufacturing date printed on the packet of the noodle and even no manufacturing address of the Customer Care centre was written on the box of the noodles. It is also specifically alleged that by taking the advantage of COVID-19 Pandemic the shop keepers and Manufacturers like the Ops are selling their old and defective goods which is a very serious matter.
6. OPs No.1 and 2 who have chosen to remain ex-parte and have not come forward to contest the case, we feel that such unscrupulous traders should not go scot-free and should not be allowed to continue with this kind of sale in such a manner.
7. Accordingly, it is ordered that the OPs will immediately withdraw all the hazardous things known as Mama Noodles lying on their shop which is unsafe for sale and will not offer the hazardous and unsafe noodles to the public in future. It is also ordered that Superintendent of this office, after receiving the copy of the order will immediately contact the District Food Supply & Civil Supplies Controller, Mohali who will accompany the Superintendent of this Commission to the shop of OPs and they will enter the shop of OPs and will seize the Mama noodles stacked in the shop of OPs and will refrain the OPs not to sell these unsafe Mama Noodles to the public in future. It is ordered that District Food Supply & Civil Supplies Controller, Mohali by taking the help of appropriate authority will take samples of these noodles and will ensure that a case under Safety and Adulteration Act is filed against the OPs. Punitive cost is also imposed on the OPs to the tune of Rs. 15,000/- which they will deposit in the Legal Aid fund of this Commission. Copy of this order will be also delivered to District Food Supply & Civil Supplies Controller, Mohali for immediate action who will submit his report within 15 days from the date of receipt of certified copy of the order. Superintendent to do the needful. File be consigned to record in accordance with rules.
Announced
September 18, 2020
(Sanjiv Dutt Sharma)
President
(Mrs. Natasha Chopra)
Member
