DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 599/2016
D.No.________________________ Date: ________________
IN THE MATTER OF:
RAJA HARPAL SINGH,
S/o S. AMRIK SINGH LYALLPURI,
R/o 1590, MADRASA ROAD,
KASHMERE GATE, DELHI. … COMPLAINANT
Versus
1. M/s MAHESHWARI & CO.,
(PATANJALI CHIKATSALYA),
2155, OUTRAM LANE, BASEMENT,
KINGSWAY CAMP, DELHI-110009.
2. PATANJALI AYURVED LTD.,
UNIT-II, MAHARISHI DAYANAND GRAM,
BESIDES VIDYA NURSERY,
NEAR PATANJALI YOG PEETH,
BAHADARABAD, RURKEE ROAD,
HARIDWAR-249402 … OPPOSITE PARTY(IES)
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 04.04.2016
Date of decision:20.07.2018
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against the OPs under section 12 of the Consumer Protection Act, 1986 thereby
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alleging that on 27.02.2016, the complainant purchased four bottles of Honey 500 grams each vide bills nos. 198 & 199 alongwith other products vide bill no. 200 from OP-1 and the said products are manufactured by OP-2 including said Honey. After using honey, the complainant found that colour of Honey was converting into white colour/sticky/hard and lost its taste and the said honey is of most inferior quality and it does not even look and taste as honey and it was found that the said product is spurious and is not as per Food Safety and Standards Authority of India. The complainant further alleged that consequently the complainant did not use the remaining three bottles of honey and the same were kept in same sealed condition as were purchased. On 02.03.2016, the complainant visited OP-1 to return the used and unused honey bottles in same packed position and to take refund of the price thereof but OP-1 refused to take back the honey and also refused to refund the price thereof and rather misbehaved. The complainant sent a legal notice dated 03.03.2016 to the OPs to take back the honey bottles and refund the price of four bottles of honey as per bills but despite delivery of notice no response from OPs.The complainant accordingly alleged that there is deficiency in service and unfair mal-trade practice on the part of OPs.
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2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the price of 4 bottles of honey which were purchased by the complainant as well as compensation of Rs.1,00,000/- forcausing mental agony and harassment.
3. Notices were issued to the OPs for appearance on 13.09.2016 but none for OPs appeared and the complainant filed proof of service of notice on the OPs i.e. track reports vide which notices were served on 29.07.2016 & 01.08.2016 respectively but OPs failed to appear and were proceeded ex-parte vide order dated 16.11.2016. However subsequently OP-1 hasfiled written statement alongwith an application dated 10.02.2017 for setting aside ex-parte order dated 16.11.2016. It is not out of place to mention here that the said application of OP-1 was dismissed vide order dated 13.02.2017 thereby observing that this Forum has no power to review its own order.
4. In order to prove his case the complainant filed his evidence by way of affidavit and has also filed written arguments. The complainant also filed copies of cash memo/bill no. 198, 199 & 200 dated 27.02.2016 issued by OP-1 for purchase of 4 Honey bottles & other products and also filed copy of legal notice dated 03.03.2016 sent by the complainant to OPs by speed post alongwith postal receipts.
5. This forum has considered the case of the complainant in the light
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of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that even after receiving notice issued by the Forum OPs have not bothered to contest the case and have not lead any evidence and were proceeded ex-parte. A customer/consumer is not expected to file complaint in respect of any food item/product purchased. It is expected from the dealer and the manufacturer that the food product purchased is free from all sorts of defects therein which is a branded honey of a world fame manufacturer. As no evidence has been lead by OPs and as such it seems that OPs have no genuine defence. Moreover, it is also not expected from such a manufacturer to sell inferior and spurious quality of food article like “Honey”. Accordingly, both the OPs are held guilty of unfair mal-trade practice and deficiency in service.
6. Accordingly, both the OPs jointly or severally directed as under: -
i) To pay to the complainantan amount of Rs.540/- as the cost price of 4 Honey Bottles purchased by the complainant.
ii) To pay to the complainant an amount of Rs.15,000/- as compensation towards mental agony and harassment caused to the complainant which includes litigation cost.
7. The above amount shall be paid by both the OPs jointly or severally to the complainant within 30 days from the date of receiving of this
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order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving of this order till the date of payment. If OPs fail to comply the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of The Consumer Protection Regulations-2005. Therefore, file be consigned to record room.
Announced on this 20th day of July, 2018.
BARIQ AHMAD USHA KHANNA M.K.GUPTA
(MEMBER) (MENBER) (PRESIDENT)
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