Punjab

Sangrur

CC/779/2020

Gagandeep Kaur - Complainant(s)

Versus

More Retail Ltd. - Opp.Party(s)

Sh. G.S.Nehal

15 Jun 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR .

 

                                                                        Complaint No.779

 Instituted on:   29.12.2020

                                                                        Decided on:     15.06.2023

 

 

Gagandeep Kaur aged about 30 years Daughter of Shri Bahadur Singh resident of Village Badrukhan, Tehsil and Distt. Sangrur.

                                                          …. Complainant.     

                                                 Versus

More Retail Limited (formerly known as Aditya Birla Retail Limited), Sunami Gate, Near IDBI Bank Limited, Roxy Road, Sangrur through its Branch Manager/Authorized signatory.

             ….Opposite party

 

For the complainant  : Shri G.S.Nehal, Adv.              

For the OP                : Exparte.

 

Quorum                                          

Jot Naranjan Singh Gill, President

Sarita Garg, Member

                        Kanwaljeet Singh, Member

ORDER

JOT NARANJAN SINGH GILL, PRESIDENT.

1.             Complainant has filed this complaint alleging inter-alia that on 12.10.2020 he purchased some household articles worth Rs.221/- from the OP including one piece of Nivea Men Cream worth Rs.149/-. Opposite party issued her invoice bearing number 3080-4195214014 dated 12.10.2020 which was also paid then and there.  This is how complainant acquired status of consumer vis-à-vis OP which in turns can also well termed to be a supplier.  However, complainant noticed that Nivea Men Cream which she had purchased was packed/manufactured in 01/2018 and there was a clear advisory mentioned thereon that the said product should have been used best within 30 months of its manufacturing which shows that the said product could have been used till 7/2020 without any harmful effect.  Faced with this situation, the complainant approached the OP with a request either to refund her the price of the said Nivea Men Cream  worth Rs.149/- or to replace the said product but what to talk of doing either of the things OP engaged him into unreasonable situation thereby leaving complainant with no other option except to approach this Commission with present complaint. As such, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to refund the amount of Rs.149/- being price of the Nivea Men Cream and further to pay Rs.1,00,000/- as compensation on account of mental agony, harassment and Rs.11,000/- as litigation expenses. 

2.             After filing of this complaint, notice of the same was issued to the OP.  The OP has filed its written reply, wherein it has been stated that the said lot of Nivea cream is not available in the store and the same was purchased by the complainant from outside. It is stated further that the complainant has filed the complaint with malafide intention. It is stated that the complaint of the complainant is false one and should be dismissed with special costs. Thereafter the OP did not appear  on 15.11.2022 and 11.01.2023, as such on 11.1.2023, the OP was proceeded against exparte.

3.             During this process, complainant tendered her sworn affidavit reiterating all the averments of the complaint as Ex.C-1, copy of the bill/invoice Ex.C-2  and copy of the picture clicked of the original product is Ex.C-3 showing its price as well as manufacturing date and advisory mentioned thereon as well and closed evidence.

4.             On the other hand, the learned counsel for OP has produced Ex.OP/1 affidavit of Ms.Prerna Verma and closed evidence.

5.             We have heard the contentions put forth by the learned counsel for the complainant and have gone through the documents produced on the file.

6.             At the very outset, it is significant to note that the averments of the complaint stands duly substantiated through sworn affidavit of the complainant Ex.C-1 wherein the same were reiterated as to how the complainant purchased some household articles on 12.10.2020 including the Nivea Men Cream. However, later on complainant noted that the Nivea Men Cream  which he had picked up from the shelf put up by the OP  was found to be manufactured on 01/2018 and as per the advisory appended thereon the said product could have been used well before the expiry of 30 months from the date of its manufacturing. Further, it was also contended that the OP or its employees or its Manager did not take enough pains to remove the expired articles from the shelf in its store. So they were responsible for committing deficiency in service as the same could have exposed its customers to certain harmful effects.  It also evolves from the record that the contention raised by the complainant stands duly proved on record through the document Ex.C-3 and also for the reason that the OP has not come forward to produce any such evidence to rebut the contention of complainant which also shows that the OP did not have anything to say in its defence. This oral as well as documentary evidence inspires confidence as the same has also remained unrebutted except the OP has only filed a sworn affidavit Ex.OP-1. We don’t see any reason why this unrebutted evidence should not be believed.

 

7.             Accordingly, this complaint stands allowed and the OP is directed to refund the price of Nivea Men Cream  i.e. Rs.149/- forthwith along with Rs.2500/- as compensation for mental tension, agony and an amount of Rs.2500/- as litigation expenses. The complainant is also directed to return the original Nivea Men Cream  to the opposite party under proper receipt.     This order be complied with by the opposite party within a period of 60 days from the date of receipt of certified copy of this order.

 

8.             The complaint could not be decided within the statutory time period due to heavy pendency of cases.

 

9.             A certified copy of this order be issued to the parties free of cost as per rules. File be consigned to records.

                                Pronounced.

 

                                June 15, 2023.