Chandigarh

DF-II

CC/555/2022

RAJINDER SINGH S/O LAKHI RAM - Complainant(s)

Versus

MANEET CHOUJAR, EXISE CONTRACTOR AND ORS - Opp.Party(s)

HEMANT PARIHAR

13 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	555 of 2022
Date  of  Institution	:	18.07.2022
Date   of   Decision	:	13.06.2023

 

 

 

 

 

Sh.Rajinder Singh (Retd. Army Ex-Serviceman) son of Sh.Lakhi Ram, Resident of House No.1175, Phase-1, Ramdarbar Colony, Chandigarh. 

             …..Complainant

 

Versus

1]  Sh.Maneet Choujar, Excise Contactor, Vendor Corde-23, L-2, Shop No.41, Sector 22-C Market, Chandigarh.

2]  Carlsberg India Pvt. Ltd., Plot No.666, Phase-I, Industrial Area, Chandigarh through its Manager.

3]  Carlsberg India Pvt. Ltd., (Head Office) 4^th Floor Rectangle No.1, D-4 Saket Commercial Complex, New Delhi 110017 through its MD.

4]  Sh.Randhir Singh, AETC-Excise and Taxation Department, Sector 17-C, U.T., Chandigarh {Given-up vide order dated 17.3.2023}

   ….. Opposite Parties

 

 

BEFORE:  SMT.SURJEET KAUR     PRESIDING MEMBER 

                    SH.B.M.SHARMA                 MEMBER

                               

Argued by  : Sh.Hemant Parihar, Counsel of Complainant

Sh.Maneet, Adv. proxy for Sh.Sachit Jaiswal, Counsel of OP No.1

Sh.Arjun Kundra, Counsel of OPs NO.2 & 3 (Defence of OPs No.2 & 3 struck off.)

OP NO.4 given up.

PER SURJEET KAUR, PRESIDING MEMBER

 

         In a nutshell, the complainant’s case is that he on 12.5.2022 purchased one box of Beer containing 12 bottles of 650 ml. each of brand – Carlsberg Strong Beer from the Opposite Party No.1 on payment of Rs.1560/- against receipt Ann.C-2.  On reaching home, the complainant opened the said box of Beer and found one of the bottles of beer to be 200 ml. empty/blank out of 650 ml. and it was sealed & packed by Opposite Parties No.2 & 3.  It is stated that when the complainant brought this matter to the notice of the OP No.1, the OP No.1 instead of changing the bottle or refunding its cost, misbehaved with the complainant.  The complainant also sent legal notice to the OP No.3 on 9.6.2022 but to no avail.  Hence, this complaint has been filed alleging the said act & conduct of the OPs as unfair trade practice as well as deficiency in service.

 

2]       The OP No.1 has filed written version and while admitting the sale of the product in question, stated that OP NO.1 is only the retailer and the product in question is manufactured, packed & sealed by OP No.2 & 3 i.e. Carlsberg India Pvt. Ltd. and answering OP NO.1 has nothing to do with manufacturing defect of the said product.  Denying other averments, the OP NO.1 has prayed for dismissal of complaint.

         The defence of the Opposite Parties No.2 & 3 was struck off vide order dated 17.3.2023 as they failed to file written reply within the stipulated period. 

 

3]       The Complainant led evidence in support of his contentions.

 

4]       We have heard the ld.Counsel for the contesting parties and have gone through the documents on record including written arguments.

 

5]       The complainant admittedly purchased a Box of Beer containing 12 bottles of 650 ml. each of brand – Carlasberg Strong Beer from the OP No.1 on 12.5.2022 vide receipt Ann.C-2.

 

6]       The grouse of the complainant is that one of the Beer Bottle out of said box was found 200 ml. empty/blank against 650 ml. and when he raised this issue with the OPs, they did not pay any heed, hence preferred this complaint.

 

7]       Though the defence of OPs No.2 & 3, who undisputedly are the manufacturer & supplier of the product in question, was struck off vide order dated 17.3.2023, but their offer of compensation/settlement in the matter for an amount upto Rs.10-12 thousand is proved on record from email dated 19.1.2023 (Ann.X) as well as from zimni order dated 23.1.2023.

 

8]       In our opinion, the offer so made by the OPs No.2 & 3 for an amount upto Rs.10-12 thousand, against sale of less quantity of beer bottle, is quite genuine & justified.  Therefore, the present complaint stands allowed against OP No.2 & 3 with direction to pay a lumpsum compensation of Rs.12,000/- to the complainant on account of harassment and litigation expenses.

 

9]       The complaint qua OP No.1 stands dismissed.

 

10]      This order shall be complied with by the OP No.2 & 3 within a period of 45 days from the date of receipt of its copy.

        Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

13^th June, 2023            

                                                                                       Sd/-

 (SURJEET KAUR)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER