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CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.245/2021
SANJAY MISHRA
S/O SH. PRITHVI RAJ MISHRA
R/O A-139 2ND FLOOR, POCKET A-8
KALKAJI EXTENSION,
NEW DELHI- 110019 …..COMPLAINANT
Vs.
M/S ANANDA DAIRY
THROUGH ITS DIRECTOR
REGISTERED CORPORATE OFFICE
H- 112, SEC-63,
NOIDA- 201301, UP .…..RESPONDENT
Date of Institution-07.10.2021
Date of Order- 03.05.2024
O R D E R
DR. RAJENDER DHAR-MEMBER
The complaint pertains to deficiency in service on the part of OP with respect to selling health hazardous Dairy products (packet of paneer).
Brief facts as stated in the complaint are that complainant has purchased 200gm of Ananda paneer pack dated 08.09.2021 from a shop near our locality ‘Priya Raj Masala’ address shop no.1, Pocket-3, kalkaji extension, New Delhi- 19.
On 12.09.2021, complainant’s wife opened the packet of paneer for cooking and found that there was a big black worm in the middle of paneer.
The Complainant called shopkeeper and informed him about the worm in paneer and forwarded video and photographs to him. Shopkeeper told him “Bhaiya packed food mein hum kya kar sakte hai hum toh distributor se lete hai ap customer care par baat kare.”
It is further submitted that complainant called Ananda Dairy customer care number 18001028397. One of the executive name Jatin gave his personal number which is 8178796874 and said to forward the picture and video clip on his personal number and assured complainant that problem will be resolved within 48 hours.
The Complainant made online complaint to National Consumer Forum (Grievance no.2965218) where the consumer Forum disposed his complaint and suggested him that he should move to the consumer court. The copy of national Consumer grievance cell order is attached.
Complainant has prayed for relief by imposing huge penalty of Rs.20,00,000/- on OP for supplying health hazardous dairy products.
Notice dated 10.12.2022 was sent to OP, Complainant also filed affidavit as proof of service on OP along with track report which confirms delivery to OP, complainant has also filed photocopy of postal receipt dated 13.10.2022. Despite service of notice on OP, OP preferred not to appear. However, right of OP was closed on 28.04.2023 thereafter, reply was filed by OP and the matter was fixed for filing of complainant’s evidence on 18.08.2023.
Complainant stated that during the said period he was not fully conversant with the process and proceedings of filing of documents as evidence and hence, all enclosures filed by him along with complaint may be treated as evidence and same have not been exhibited.
Complainant has filed copy of aadhar card, copy of pan card, copy of photographs of the product to prove as evidence, copy of National Consumer Forum Judgment, copy of grievance details and affidavit
OP has filed his evidence by way of affidavit.
Subsequently, written arguments were also filed by the complainant as well as OP. Written arguments filed by both the parties were perused by this Commission. The OP has refuted the contents of the complaint as well as written arguments. OP has also stated in written arguments that complainant as such has not suffered any loss or injury and hence, OP is not deficient in their services and hence, OP is not liable for any penalty as alleged by the complainant. OP has also stated that these mere allegations of complainant have substance and is more of speculative in nature and therefore, are not justified.
OP has further contended that the product in question is packed in a complete automated plant with least human intervention and comes in a sealed package hence the entry of any foreign particle is next to impossible. On the other hand, the complainant has filed various judgments which pertain to NCDRC case tilted as Hindustan Coca-Cola Beverages Pvt. Ltd. Vs. Purushottam Gaur and United Kingdom House Donoghue Vs. Stevenson (1932). He has also quoted similar incident which took place in Srilanka pertaining to McDonald’s outlets which was closed in Sri Lanka on hygiene issues etc. etc.
The Commission has considered all the material on record and has observed that although, the product in question is automated and sealed in a packet yet there is a possibility of an insect entering into the packet at the stage of packing itself, which goes unnoticed. It is also observed that the automated machines may have not been cleaned for quite some time and there is a possibility of insects entering into the automated machines and then finally getting dropped in the product which is sealed thereafter. Hence, although, there is no human intervention even then the possibility of insect getting into the sealed product cannot be ruled out as such. Such similar incidents in the past have taken place with regard to Coca-Cola bottle wherein a piece of cloth was found in a sealed bottle which was reported by the media. These are the products which are consumed by human beings, therefore, OP is required to be utmost careful and cautious right from preparation of the food items from the initial stage of manufacturing till last stage of packing. OP also have to ensure that no such eventualities take place as the same can affect immensely the health of the consumers of such products which could even lead to food poisoning and other serious health hazards. OP has not stated anything about food safety and hygiene protocol at OP’s manufacturing unit. No mention whether the same was followed/ not followed has been stated.
Needless to mention that in food industry checks and balances for maintaining proper hygiene, food product protocol in a safe and clean environment is of utmost importance. In food products if insects are found, it will have serious repercussions on the society and can lead to serious health hazardous which can be dangerous and cause serious health issues. In this case OP has not commented anything about the worm found in the middle of the Paneer which has been manufactured by Ananda Dairy. Complainant was informed by AR of OP one AR Mr. Jatin that his complaint/ problem will be resolved within 48 hours but to no avail.
In view of the above this Commission is of considered opinion that OP has failed to maintain proper checks and balances with regard to hygiene and safety protocol guidelines before selling the product through various outlets. This amounts to unfair trade practice on the part of the OP and OP has also failed to perform its duties towards health concerns of their consumers who consume their products.
Hence we find OP guilty of deficiency in service. Therefore, an amount of Rs.1,00,000/- is imposed as penalty on OP and the said amount be deposited by OP to State Commission Welfare Fund (Legal Aid) A/c no.10310544717, State Bank of India, I.P. Estate within 30 days from the date of this order failing which it shall carry interest @6% per annum till payment.
Order to be uploaded and to be complied with within 30 days from the date of the order. File consigned to record room.
