BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.332 of 2015

Date of Instt. 11.08.2015

Date of Decision :17.06.2016

Sunil Kumar aged about 49 years son of Late Suraj Parkash, R/o 624, Model Town, Backside Dera Sat Kartar, Jalandhar City.

..........Complainant

Versus

Metro Cash & Carry India Pvt Ltd., village Reru, Pathankot Bye Pass Chowk, Jalandhar-144012, through its General Manager/MD/ Director/Authorized Representative.

.........Opposite party

Complaint Under the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Mrs. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.VK Singla Adv., counsel for the complainant.

Opposite party in person.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under the Consumer Protection Act against the opposite parties (herein called as OP) on the averments that complainant purchased household/grocery items including Verka Butter 500 grm (Makhan Tikki) having value Rs.165.46/-, vide bill invoice dated 1.8.2015. When the complainant opened the wrapper of Verka Butter, he found that the same was affected with fungus and was giving smell. So, the product was of inferior quality, defective, below standard. Matter was reported to the OP but they did not pay any heed to the request of the complainant. Matter was also reported to the District Health Officer, Jalandhar, who raided the site of the OP. They also took the sample of the aforesaid butter. The OP by selling inferior non standard product affected with fungus, has indulged in unfair trade practice which amounts to deficiency of service on the part of the OP. On such averments, the complainant has prayed for directing the OP to pay the compensation.

2. Upon notice, OP appeared through counsel and filed written reply pleading that complainant is not consumer of the OP. OP did not sell any product to the consumers. They only sell the products to the retailers and that to not for consumption purposes but to further sell the same. The present bill produced by the complainant is also a bill in the name of M/s Rittu Daman Karyana Store, Near Sri Ram Mandir, Jalandhar and not in the name of the complainant. Complainant never purchased any article from the OP. OP submitted that complainant has filed the present complaint just to harass the OP and to extract money. Complaint is, therefore, is liable to be dismissed with heavy cost.

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavits Ex.CA & Ex.CB alongwith copies of documents Ex.C1 to Ex.C4 and closed his evidence.

4. On the other hand, opposite party has tendered affidavits Ex.RW1/A and Ex.RW2/A alongwith copies of documents Ex.OP1 to Ex.OP3 and closed evidence.

5. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.

6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, the case of the complainant as per his allegations seems to be that complainant purchased household/grocery items including Verka Butter 500 grm (Makhan Tikki) having value Rs.165.46/-, vide bill invoice dated 1.8.2015 Ex.C1. When the complainant opened the wrapper of Verka Butter, he found that the same was affected with fungus and was giving smell. So, the product was of inferior quality, defective, below standard. Matter was reported to the OP but they did not pay any heed to the request of the complainant. Matter was also reported to the District Health Officer, Jalandhar, who raided the site of the OP. They also took the sample of the aforesaid butter from the complainant. Complainant also got the news published in various vernacular papers such as Danik Sawera, copies of which are Ex.C2, Ex.C3 and Ex.C4. The OP by selling inferior non standard product affected with fungus, has indulged in unfair trade practice which amounts to deficiency of service on the part of the OP.

7. Whereas the case of the OP is that complainant is not consumer of the OP. OP did not sell any product to the consumers. They only sell the products to the retailers and not for consumption purposes but to further sell the same to the consumers. The present bill produced by the complainant Ex.C1 is also a bill in the name of M/S Rittu Daman Karyana Store, Near Sri Ram Mandir, Jalandhar and not in the name of the complainant. Complainant never purchased any article from the OP. So, complainant is not consumer qua the OP under Consumer Protection Act nor the complainant has produced any evidence that he purchased Verka Product from said M/s Rittu Daman Karyana Store, Jalandhar. Learned counsel for the OP submitted that apart from this, the complainant also approached District Health Officer in this regard who sent the butter in question to the Govt.lab i.e. Food Analyst, Punjab for report and Food Analyst, Punjab submitted their report Ex.OP2 to the effect that after examination of the said sample they came to the conclusion that the contents of the sample conform to standards under the provisions of Food Safety and Standards Act 2006, Rules/Regulations, 2011. So, even the product in question was also not of inferior quality or non standard product. Complainant has filed the present complaint just to harass the OP, to extract money. Complaint is, therefore, liable to be dismissed with heavy cost.

8. From the entire above discussion, we have come to the conclusion that complainant has submitted that he purchased this product i.e. Verka Butter 500 grm (Makhan Tikki) from the OP vide invoice dated 1.8.2015 Ex.C1 but this invoice/bill is in the name of M/S Rittu Daman Karyana Store, Jalandhar. So, complainant has failed to prove on record that he purchased this product Verka Butter 500 grm (Makhan Tikki) from the OP vide invoice Ex.C1. As such, complainant is not consumer qua the OP. Not only this, complainant has also failed to prove on record that he purchased this product i.e. Verka Butter 500 grm (Makhan Tikki) from said M/s Rittu Daman Karyana Store, Jalandhar nor complainant has produced any evidence from said M/s Rittu Daman Karyana Store, Jalandhar to prove that this product was sold by said Karyana Store to the complainant. So, complainant has badly failed to prove that he is consumer qua the OP.

9. Not only this, complainant has also approached District Health Officer in this regard and District Health Officer took the sample and sent the same to Govt.lab for analysis of the product in question and submitted their report Ex.OP2 with conclusion that contents of the sample conform to standard under the provisions of Food Safety and Standards Act, 2006, Rule/Regulations 2011. So, all this shows that complainant has failed to prove on record any deficiency of service on the part of the OP qua the complainant.

10. Consequently, we hold that complaint is without merit and same is hereby dismissed with no order as to cost. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Bhupinder Singh

17.06.2016 Member Member President