By Sri. MOHAMED ISMAYIL C.V, MEMBER

1.The grievance of the complainant  is as follows:-

     On 20/01/2023 the complainant had purchased an Anti Lice Oil (Bar code Number: 89002612) from the hypermarket of the opposite party, manufactured by Mediker Company.  When   the complainant   began to use the product, it could felt that there was change in its smell and combination as he has been using the same for a long period.  The complainant examined the bottle, it is understood that expiry date of the subject product was over.  As per instruction shown on the label of the bottle, the product needs to be used between November, 2020 and October, 2022.  The opposite party sold the subject product after more than 2 ½ months of expiry date.  So the complainant contacted the opposite party and conveyed his grievances.  It is also stated that there was another incident occurred in which the opposite party had sold expired shampoo bottle to the complainant.  It is averred that the complainant could manage to convince the wrong done by the opposite party.  It is also stated that in the initial stage, the opposite party had offered   to settled the dispute after convincing himself the wrong done towards the complainant.  But later, the opposite party turned down and did not settle the dispute.  Later, the opposite party   informed the complainant that the complainant did not purchase the subject product from the opposite party and challenged to file a complaint against the opposite party.  The act of the opposite party caused mental agony and hardship to the complainant.  The opposite party has violated the rights of the complainant. So the complainant prayed for a direction to the opposite party to pay Rs. 45,000/- as compensation and also demanded Rs. 10,000/- as the cost of the proceedings.

2.     The complaint is admitted and issued notice to the opposite party. The opposite party appeared through counsel and filed version.

3.      In the version, the opposite party has denied the allegations of sale of expired Anti Lice Oil to the complainant on another occasion.  The opposite party also denied the allegation of sale of expired shampoo to the complainant.  It is contended in the version that no such incident happened as stated in the complaint.  The opposite party has categorically stated that no such product was sold to the complainant.  The subject product produced before the Commission is not tally with the bill, which is also produced along with the complaint.  The product purchased from the opposite party was   not expired   and the bill also shows the expiry date of product was not over.  The product produced before the Commission is fabricated one and the complainant was wilfully misused an empty old bottle for concocting a case against opposite party.  The opposite party also denied the alleged attempt on his part to settle the dispute.  It is contended that the opposite party did not make any communication with regard to the dispute as stated in the complaint.  The opposite party did not offer any amount to the complainant also.  The opposite party did not commit any act against the right of the complainant as a consumer.  The complainant is not entitled for any relief as sought for and so prayed for dismissal of the complaint.

4.     The complainant filed affidavit.  The complainant has produced documents and marked as Ext. A1 to A3 documents.  Ext.A1 document is the copy of tax invoice dated 20/01/2023 issued by the opposite party. Ext. A2 document is the copy of photograph of the subject product. Ext.A3 document is the copy of another photograph of the subject product showing the expiry date of the product.  The complainant produced the bottle of Anti lice oil purchased from the opposite party   and it is marked as Ext. MO.1.  On 04/07/2023, the complainant filed affidavit and documents are marked as evidence on the part of the complainant.   The Commission posted the case to 10/08/2023 for the affidavit of the opposite party.  But on 10/08/2023,  the opposite did not file the affidavit.  The opposite party sought time for filing affidavit.  The Commission allowed the submission of the opposite party on cost and posted the case to 12/09/2023.  On 12/09/2023 there was no sitting. Then case was posted to 06/10/2023.  On 06/10/2023, when case was called the opposite party remained absent and affidavit was not seen as filed.  The opposite party did not paid cost also.  So case was posted to 30/11/2023 for order.  After rising of the Commission, the counsel for the opposite party filed affidavit, but did pay cost as ordered by the Commission.  Moreover no attempt was taken   by the opposite party to adduce evidence.  So there is no evidence from the side of the opposite party.  The Commission treated the opposite party as exparte. 

5.      Heard the complainant.  Perused documents and affidavit thoroughly.  The Commission considered the following points for consideration:-

1. Whether the act of the opposite party can be considered  as unfair trade practice or deficiency in service towards the complainant.
2. Relief and cost.

6. Point No. (i) and(ii):-

        It is pleaded by the complainant that the opposite party has sold a bottle of Anti lice oil on 20/01/2023 to him   and copy of invoice bill issued by the opposite party is produced and marked as Ext. A1 document.  Ext. A1 document would show that the complainant had purchased a bottle of Anti Lice Oil from the shop of the opposite party.  It is alleged by the complainant that expiry date of the subject product was over.  It is argued by the complainant that the opposite party has sold the product after 2½ months from its expiry date.  The opposite party admitted the purchase of Anti Lice Oil by the complainant.  In the version it is alleged that the case is concocted one and the complainant misused an old empty bottle to make unlawful gain from the opposite party.   But there is no evidence available before the Commission to relay upon the case of the opposite party.   The complainant has produced copies of two photographs of the subject product and it is marked as Ext.A2 and Ext. A3 documents respectively.  The complainant also produced the bottle of Anti Lice Oil purchased from the opposite party and it is marked as Ext. MO.1.  Ext. A3 document and Ext. MO.1 bottle would show the validity period of the product as November 2020 to October 2022.  Ext. A1 document   would show that the subject product was purchased on 20/01/2023.  So the Commission find that the opposite party has sold the subject product after 80 days from the date of its expiry.  The opposite party falsely represented the subject product as of particular standard, quality and thereby sold the product to the complainant.  As per Ext. A1 document, the price of the subject product is shown as Rs.33.75/-. In the  evaluation of evidence it can be find that  the opposite party  has committed  unfair trade  practice  towards  the complainant .  The Commission find that the act of the opposite party has caused mental agony, hardship and financial loss to the complainant. There is no contra evidence in this case. Hence the complaint is allowed   in the following manner:-

1. The opposite party is directed to refund Rs. 33.75/-(Rupees Thirty three and seventy five paisa only) to the complainant as the price of the subject product.
2. The opposite party is directed to pay Rs. 10,000/-(Rupees Ten thousand only) to the complainant as compensation for the sufferings of mental agony and hardship   due to the act of unfair trade practice.
3. The opposite party is directed to pay  Rs. 2,000/- (Rupees Two thousand only) to the complainant  as the cost of the proceedings

The opposite party shall complythis order within30 daysfrom the date of orderotherwiseentire amount shall carry9% interest per annum from the date of the order till realization.

Dated this 30^th day of November, 2023.

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER

APPENDIX

Witness examined on the side of the complainant                          : Nil

Documents marked on the side of the complainant                         : Ext.A1to A3

Ext. A1  : Document is the copy of   tax  invoice  dated 20/01/2023  issued by the opposite party.

Ext. A2 : Document is the  copy of photograph of the subject  product.

Ext. A3 : Document is the copy of another  photograph of the subject product

                showing  the expiry  date of the product. 

Witness examined on the side of the opposite party                          : Nil

Documents marked on the side of the opposite party                        : Nil

Ext. MO.1 : The complainant produced  a bottle  of Anti Lice Oil purchased from the                  

                      opposite party .

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER