Punjab

Fatehgarh Sahib

RBT/CC/975/2018

Hardeep Singh - Complainant(s)

Versus

Mom Baker,s - Opp.Party(s)

Inperson

04 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,   FATEHGARH SAHIB.

RBT/CC/975/2018

CC/975/2018

                                                                             Date of Institution: 18.09.2018

                                                                             Date of Decision:04.10.2022

Hardeep Singh S/o Manmohan Singh, R/o H. No.33, Housefed Complex 1, Sector 79, District Mohali                                                               .…………....Complainant(s)                      

                                                     Versus

Mom Baker’s, Bakery Café Restro, SCO-122, Phase-7, Mohali through its Manager                                                                                                                                                                                       …………..Opposite Party(s)

 

Complaint under  Section 12 of the Consumer Protection Act 1986

Quorum:  Sh. Pushvinder Singh, President

                 Ms.Shivani Bhargava, Member

                 Sh. Manjit Singh Bhinder, Member

 

Present:  Sh. Krishan Thakur, Counsel for Complainant(through VC)

                Sh.Gagan Inder Singh, Counsel for OPs.(through VC)

Order By

SHIVANI BHARGAVA, MEMBER

 

 

1.              The present complaint has been filed  by Sh. Hardeep Singh, complainant (hereinafter referred to as ‘CC”) under Section 12 of Consumer Protection Act, 1986(old) against the Opposite parties (hereinafter referred to as ‘OP”) alleging deficiency in service and unfair trade practice by selling food items infected with fungus & expired with the prayer for giving direction to the OP to compensate him for Rs.4,00,000/- including litigation charges Rs.33,000/-.
2.                 The brief facts of the complaint are that the CC had purchased some food items from the OP on 28.07.2018 vide bill no.103390 for Rs.90/-. Thereafter, CC went to his home and when he opened these food items i.e. bread(sweet bun), he noticed that sweet buns were infected with fungus and one sweet bun got expired on 27.07.2018.  On 29.07.2018 i.e. the next day from the date of purchase, CC visited the bakery and met the manager of the bakery with his grievance but the manager did not give ear to his grievance and insulted him. CC sent a legal notice dated 01/08/2018 to OP alleging deficiency in service and unfair trade practice. But OP failed to reply the same. Hence, this complaint.
3.               Notice of the CC was sent to the OP for seeking version/reply.
4.                   OP contested the complaint and filed reply. In his reply, OP denied to sell any expired food items to any customer. Complaint has been filed on the basis of alleged photographs. The alleged photographs are false and fabricated for filing the complaint against the OP to malign their image and to extract money. So the complaint is liable to be dismissed.
5.           In order to prove his case, CC tendered his affidavit and self-attested documents Ex.C-1 to Ex.C-5. But, Ex.C-5 is in record room of Mohali Commission. On the other hand, OP did not tender any evidence and not even filed affidavit and only reply was filed.
6.          On assertion of counsels for the parties that no more evidence to be produced, arguments heard.  
7.       We have carefully persued the complaint, version of the OP and heard the arguments of the ld. counsels for the parties and gone through the record on the file.
8.             There is no dispute about the fact that CC had purchased six breads from the OP vide bill dated 28.07.2018 for Rs.90/- having bill No.103390 as is evident from photocopy of bill as Ex.C-1 and Ex.C-2 is the photo of bread i.e. sweet buns which were infected with fungus. Further Ex.C-3 is photo of another sweet bun which mentioned that ‘use by 27.07.2018’ but it was sold on 28.07.2018 by the OP that is after the mentioned ‘use by’ date on bun. As defined in Food Safety And Standards (Labelling And Display) Regulations, 2020, ‘use by or expiry’ means that date, which signifies the end of the estimated period under any stated storage conditions, after which the product may not remain safe and food product probably will not have the quality of safety attributes normally expected by the consumers and food shall not be sold or distributed for human consumption.
9.                   There is no reasonable explanation from the OP that why they sold the same to the complainant when it had already infected with fungus and got expired. It establishes from the record on the file. If anyone consumes the same mistakenly, it is harmful for their health.

                           The food items sold after ‘use by date’ or ‘expired’ or infected with fungus is an unfair trade practice on the part of the seller. Thus, OP is liable for unfair trade practice and also liable for deficiency in service by refusing to listen the grievance of the CC.     

10.                In view of our above discussion, we allow the present complaint is partly and direct the OP to refund Rs.30/- for said food items and OP is also directed to pay Rs.2000/- for compensation and Rs.1500/- for litigation expense to CC. The compliance of this order be made by the OPs within a period of 45 days on receipt of certified copy of this order. Thereafter it shall be liable for simple interest @6% per annum on the refund amount of Rs.30/- till its realization, failing which complainant shall be entitled to get the order implemented through legal process.  The copy of this order be provided to the CC and OP free of cost. This complaint could not be decided within a specific period as provided by the statute due to rush of work and large pendency. File be returned back to the District Consumer Commission, Mohali for consignment.

    Pronounced:-

    04.10.2022                                                                     (Pushvinder Singh)

                                                                                 President

 

      (Manjit Singh Bhinder)

                                                                                                      Member

       

                                                                              (Shivani Bhargava)

   Member