Case No.33/2022   

IN THE MATTER OF

Digvijay Singh aged 35 years S/o Sri Gyanendra Singh R/o Vasundhara Colony, Khair Road, Aligarh

Mondelez India Foods Pvt.Ltd. Formerly (Cadbury India Ltd.) Mondelez House Unit No.2001 20^th floor, Tower No.3 (wing C) Indaiabulls, Finance Centre parel Mumbai 400013

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1.  The present complaint has been filed by the complainant before this commission for directing the Op to pay the amount Rs.1000000/ as damages to the complainant for supply of injurious and substandard chocolates to the complainant and Rs. 50000/ for mental pain and agony to the complainant cost of the case.   

1. In brief, complainant’s case is that he is very fond of chocolates manufactured by the op and he usually purchases the product manufactured by the OP for himself and for other person as gift. On the occasion of Dipawali. Complainant purchased a gift item from Satyam General Store Krishna Vihar Meerut Road, Hapur mentioning “Cadbury Celebration” having packing dated 06/21 code no. E10612A and it was mentioned best before date i.e. 2/2022 and this packet bears bar code no. 7622201816292 weight 118.60gram. The packet had 7 chocolates and complainant out of seven distributed 3 to neighbor children as gift and the children who consumed the chocolates had fallen ill and complainant’s father had to go to the doctor for treatment. Complainant checked the remaining four packets and found some other substances in the chocolates which were kept for further investigation. On 6.11.2021 complainant registered a complaint on customer care no 1800227080 and an officer of the OP assured the complainant that a team will visit at your house and redress the complaint. It was instructed not to use remaining chocolates which were injurious to health. Complainant again on 11.11.2021 called the customer care no. but no notice was taken. The OP has been selling substandard chocolates to the young children and spoiling their health. Complainant has served a legal notice and asked to pay damages Rs.1000000/ which was wrongly replied.
2. Op was represented by Sri Muyur Vikram Chandra Advocate on 27.08.2022 but did not file WS and did not contest the case.
3.  Complainant has filed his affidavit and papers in support of his pleadings. 
4. We have perused the material available on record and heard the complainant’s counsel.
5. Complainant’s case cannot be disbelieved in the absence of pleadings file by the OP. Thus the complaint case is unrebutted and is proved against the OP. Therefore complainant is entitled for damages caused to him. The complaint has not stated the quantum of damages caused to him and others by consuming the said chocolates and therefore compensation is assessed at Rs.5000/. So far as the injury might have been caused unidentifiable consumers, it is assessed at Rs. 500000/. Complainant is also entitled Rs.5000/ as litigation expenses.  
6. We hereby direct the OP to pay the complainant Rs.5000/ as damages with litigation expenses Rs.5000/. OP is directed to deposit the amount of Rs.500000/U/s 39(1) (k) of the Act in Consumer welfare fund.
7. Op  shall comply with the direction within  45 days failing which OP shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
8. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
9. File be consigned to record room along with a copy of this judgment