Chandigarh

DF-II

CC/63/2016

Yogesh Kapoor - Complainant(s)

Versus

M/s Milk Food Limited - Opp.Party(s)

Vivek Mohan Sharma Adv. & Anil Gogna Adv.

31 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	63 of 2016
Date  of  Institution	:	27.01.2016
Date   of   Decision	:	31.07.2017

 

 

 

 

Yogesh Kapoor son of Sh.P.R.Kapoor, resident of House No.3241, Sector 44-D, UT, Chandigarh    

             …..Complainant

Versus

1]  M/s Milk Food Limited, having its Corporate Office at 5^th Floor, Bhandari House, 91 Nehru Place, New Delhi 110 019 through its Managing Director.

2]  M/s Milk Food Limited having its Registered Office at P.O. Bahadurgarh, District Patiala (Punjab) 147 021 through its Manager.

….. Opposite Parties

 3] M/s Garg Enterprises, Shop No.194,  Sector 35-D, Chandigarh through its proprietor. 

                 ….. Performa Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                SH.RAVINDER SINGH              MEMBER 

 

Argued by: Sh.Vivek Mohan Sharma, Adv. for complainant

 Sh.G.P.Vashisth, Adv. for OPs No.1 & 2.  

 None for OP No.3.

 

 

PER PRITI MALHOTRA, MEMBER

 

 

          Briefly stated, the complainant vide Retail Invoice No.9478, dated 3.8.2015 had purchased 3 Packets of Milk Food Desi Ghee of 1 Kg each from Opposite Party No.3 (Ann.C-1) wherein the Net Weight in Grams have been mentioned to be 898 gms. with date of packing 21.5.2015. It is averred that when the complainant felt that the Ghee packets are under weight, he got other two Ghee Packets weighed and the same were found to be only 830 grams including the weight of packing cover against 898 grams mentioned on the packets, thus he was sold less ghee of 70-100 grams approximately in each packet. The matter was reported to the OPs and e-mails were also sent to them, but they did not pay any heed. It is averred that the ops are selling underweight Ghee packets to the society at large and thereby deriving undue benefits out of the same.  It is also averred that the complainant has been consuming the product (Desi Ghee) of OPs since long and Opposite Parties indulged into unfair trade practice by selling underweight products.  Hence, this complaint has been filed. 

 

2]       The Opposite Parties No.1 & 2 have filed joint reply and stated that it is denied that the complainant purchased three packets of ‘Milk Food’ Desi Ghee of one Kg each from OP No.3.  It is stated that the article/product of Desi Ghee is packed in a Box by the answering OPs in litres and product Desi Ghee and other Liquid items are always sold under the measurement of litres, not in Kilograms. It is also stated that the relation between the two may be different due to difference in density of the liquid.  It is denied that the product/Desi Ghee purchased by the complainant is underweight.  It is also denied that the complainant has been put to any loss, as alleged.  Pleading no deficiency in service or unfair trade practice and denying rest of allegation, the OPs No.1 & 2 have prayed for dismissal of the complaint.

         The Opposite Party NO.3 has also filed reply and admitted the sale of the products in question. It is stated that the complainant had approached the answering Opposite Party and it had directed him to directly approach OPs No.1 & 2.  Other allegations have been denied with a prayer to dismiss the complaint qua Opposite Party No.3.

 

3]       Rejoinder has also been filed by the complainant thereby reiterating the assertions as made in the complaint and controverting that of the reply filed by OPs.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the complainant in person, ld.Counsel for the OPs and have also perused the entire record.

 

6]       It is the main allegation of the complainant that the ‘Milk Food’ Desi Ghee packets in question purchased by him are found to be underweight. This allegation of the complainant is well proved on record and requires no other evidence as this controversy regarding underweight of two Ghee Packets of ‘Milk Food’ has been set at rest on 19.12.2016, when the said packets were duly weighed by Sh.Navneet Kumar, Inspector, O/o Controller of Legal Metrology (Weights & Measures), Chandigarh Administration, Chandigarh in the open Forum itself in the presence of ld.Counsel for the parties; who prepared his report and submit the same as Ann.’X’.  This report cogently establish that the Opposite Parties are indulged in unfair trade practice of selling underweight commodity in the open market, as against the mentioned weight of 898 grams, the packets in question were found to be of 830 grams each i.e. less in quantity than claimed.  There are no evidence or signs that the Ghee Packets in question are punctured/perforated affecting its quantity. The ld.Counsel for both the parties have no doubt & objections regarding the report in question as is well recorded in the zimni order dated 19.12.2016. 

 

7]       We are of the concerted view that in case of underweight package, the loss to an individual consumer may not be substantial, but to consumer, as a class, the loss is really huge and to the manufacturer, the profit or the gain from such under weight packaging is also considerable.  Keeping this view in mind we feel that some exemplary costs shall be imposed on the Opposite Parties, so that they shall desist to continue with such unfair trade practice.

 

8]       For the above observation, we are well guided by the decision of Hon’ble National Consumer Disputes Redressal Commission, New Delhi in Original Petition No.224 of 2001 - ‘Consumer Protection Council, Rourkela Vs. India Oil Corporation Ltd. & Ors, decided on 16.8.2007. 

 

9]       In view of the foregoing discussion, we are of the opinion that the complaint deserves to be allowed against Opposite Parties NO.1 & 2 for indulging into unfair trade practice. Accordingly, the complaint is allowed against OPs No.1 & 2 with following directions:-

1. To pay an amount of Rs.7,000/- to the complainant towards compensation for causing him harassment for selling the underweight ghee packets and for thrusting litigation upon him.
2. To deposit an amount of Rs.10,000/-, being penalty for their indulgence into unfair trade practice, in Account No.32404627538 (Mrs.Archana Bhimta) SBI Kiari, IFSC: SBIN0003937  against valid receipt (copy of which shall also be deposited with the Office of District Forum-II, UT, Chandigarh). The amount so deposited shall be used to meet the expenditure on medical treatment of Sh.Sushil Bhimta, who is seriously ill and under treatment of spine injury. A humble request was received in the name of President, District Forum-II, UT, Chandigarh for an immediate financial aid from the wife of Sh.Sushil Bhimta, who is struggling for his life being declared as 90% disabled.

 

         This order shall be complied with by the OPs within a period of 30 days from the date of receipt of copy of this order, failing which the OPs shall also be liable to pay interest @18% p.a. on the compensation as well as penalty amount from the date of filing of this complaint till realization, apart from complying with the directions as at sub-para (i) above.

         In case the OPs failed to deposit the penalty amount in Account No.32404627538 (Mrs.Archana Bhimta) SBI Kiari, IFSC: SBIN0003937 , the account holder – Mrs.Archana Bhimta shall be at liberty to take due recourse of law, which it deem proper, in order to recover the awarded penal amount.

        Certified copy of this order be communicated to the parties, as well as to Mrs.Archana Bhimta s/o Sushil Bhimta, H.No.107, 1^st Floor, Golden Property Dealer, Green Park, Lohgarh Road, Zirakpur-PIN 140603, free of charge. After compliance file be consigned to record room.

Announced

31^st July, 2017              

                                                                                      Sd/-  

                                                                   (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER