PER JUSTICE SHRI A.P.BHANGALE, HON’BLE PRESIDENT

1.      Heard complainant in person who made a grievance that despite the fact that award was passed against the opposite party/Haldiram Foods International Pvt.Ltd. and  Milind Provisions Kirana and General Stores, situated at Godhani Road, Nagpur. The award is not yet honored by the opposite party.

2.      No one appeared on behalf of the opposite party (respondent). They remained absent for the reason best to known them. It is grievance of the appellant that she has been pursuing her matter since beginning and according to her such opposite party who were negligent to provide services to the consumer ought to be punished or an exemplary award ought to have been passed against appellant, so that they should learn a lesson that they cannot play with the health and life of innocents citizens who are their consumers who trust them blindly and buy the articles which are packaged in the name of “Haldiram” brand.

3.      Brief facts are that complainant is doing house hold work and is an house wife. She required food item know and described as “Chiwda” for observing fast as she was fasting during Navaratri festival. On a Ashtami day on 18/04/2013, she had purchased “Farali Chiwda” weighing about 100 grams with manufacturing Batch No.13-R-267 with packing date mentioned as 09/04/2013, price at Rs.10/- from Milind Provisions Kirana and General Stores. When she opened the packet and started to consume the said Farali Chiwada she shockingly found that it was adulterated with some pieces of leather foot wear. She suffered mental shock and had also health problems as she started vomiting. She had taken photograph of packet and approached to Doctor T.M.Patil for a food poisoning as also fever. She had to under go various tests of blood, urine and other medical tests.

4.      According to her opposite parties were fully responsible for selling such inferior article and playing with the health of consumers in general. She also incurred expenses for medical tests and treatment. She alleged that opposite party is not only guilty of deficiency in service but also of unfair trade practice and gross negligence. Therefore she had filed the complaint with the learned District Forum below.

5.      The learned Forum considering the facts of the case pleaded in the complaint and also written version filed by the opposite parties held that the opposite parties who had no regrets at all for the food poisoning caused to the complainant, awarded compensation in the sum of Rs.15,000/- for mental and physical harassment to the complainant and also litigation cost in the sum of Rs.5,000/-. While opposite party No.3 Milind Provisions Kirana and General Stores, Proprietor was exempted as he had no concern with the contents inside the packet but was the only agent for selling the packets acting as dealer/seller on behalf of Haldiram Foods Pvt.Ltd.

6.      Thus the opposite party Nos.1 and 2 were held liable to honour the award. The grievance of the complainant (appellant) is that the award was inadequate in quantum in comparison with the trouble and consequences which were occurred to complainant on account of inferior adulterated quality Farali Chiwala sold to her by the opposite party as a packaged article.

7.      Considering the facts and circumstances of the case that complainant had bought an article containing Farali Chiwda for sum of Rs.10/- only on or about 09/04/2013 and want of evidence as to damages. We are of the view that compensation awarded as also litigation cost awarded is just sufficient and reasonable amount. However the same should have been awarded payable within 30 days failing which the opposite party must have been made liable to pay compensatory just interest @ 9% p.a. till final payment to the complainant.

8.      We therefore partly allow this appeal. Confirming the award with further direction that if the amount of award is not paid by opposite party Nos.1 and 2 and remained yet to be realised by the complainant, the unrealised amount shall carry interest payable @ 9% p.a. from the date of the complaint till realisation of the amount. Thus amount of Rs.20,000/- inclusive compensation and cost is payable alongwith interest @ 9% p.a. form the date of complaint till realisation if amount was not deposited as directed.