Karnataka

Bangalore 4th Additional

CC/1060/2017

Inspector of Legal Metrology - Complainant(s)

Versus

M/s. Jubilant Foodworks Ltd - Opp.Party(s)

Inperson

27 Sep 2017

ORDER

 

 

 

ORDER

 

Under section 12(3) of consumer protection Act. 1986.

 

SRI.H.Y.VASANTHKUMAR, PRESIDENT 

 

             The Complainant/Inspector of Legal Metrology, Auto & Taxi Unit, Rajajinagar-2, BEML Layout, RR Nagar, Bengaluru filed this complaint against the Opposite party no.1/Manager of Jubilant Foodworks ltd., and the Opposite party no.2/All Directors of Hindustan Coca Cola Beverages Pvt. Ltd. Bengaluru, praying for direction against them to stop unfair trade practice of applying dual MRP system.    

 

2. The Complainant has relied on the alleged test purchase bill/doc.no.1, Seizure receipt/doc.no.2, Panchanama/doc.no.3 relating to the alleged Kinley water bottle. He has alleged that in the light of the Hon’ble NCDRC judgment and as advised by their departmental Director, after conducting the inspection, test purchased and seized one litre Kinley brand packaged drinking water bottle at Opposite party no.1 which was showing MRP of Rs.40/- wide doc.no.1. The same water bottle was found available in open market for Rs.10/-.  The Opposite parties have no legal sanctity in view of the relied on Hon’ble NCDRC order, confirmed by the Hon’ble Supreme Court also and they have committed the offence u/s 2(r) of CP Act.

 

3. The Complainant was informed by the consumer forum to put forth the facts/allegations in detail in the pleadings u/s 2(c)(i)& 2(4)  of CP Act, with reference to the relied on provisions of alleged excess price/dual price for the similar product, so as to connect with the Opposite parties and to the final remedy sought for. Bringing it to the notice about the model format annexed with the regulations of the Act book, they were informed to narrate the averments/allegations, so as to prove the said allegations having the primary burden to prove the ingredients of the allegations as per CP provisions. 

 

4. Compliance was not reported by the Complainant. In the result the complaint does not show the averments/ allegations with reference to the quoted provisions, so as to connect the Opposite parties, to say how they played their role regarding violation of the referred provision.   

 

5. The averments that he had sent doc.no.2 to Opposite parties does not amount to issuance of proper notice under CP Act. Likewise mentioning “all Directors” of one company does not amount to compliance under order I rule 10 of CPC in impleading the Opposite parties to proceed further in connection with this case. It appears that the Complainant has thought that the consumer forum will look in to the remaining proceedings, by accepting the further responsibilities.     

 

6. The consumer forums cannot act as a part of any department, to proceed in furtherance of their inspection reports believing their every act and averments by drawing presumptions in their favour only.   

 

           7. The Consumer Forum being the quasi-judicial authority having the powers vested in civil court under CPC, independently has to try the complaint as the civil suit u/s 13(4) of CP Act and it is deemed as judicial proceedings. While doing so it has to see the proof/materials placed by the Complainant u/s 13 of CP Act, in support of the allegations made in clear terms with reference to the cause of action and the reliefs sought for, before granting the relief u/s 14(1) of CP Act. During such process it is the foremost duty of the forum to examine the pecuniary/territorial jurisdiction, limitation, materials for cause of action and the need of proper and necessary parties to the complaint.  Non-compliance by the Complainant regarding the pleadings and non-production of the base documents also made it impossible to accept it as the proper complaint.

 

          8. The copy of relied on RP no.2038/2015 of Hon’ble NCDRC dtd.01.02.16 has the following observations:

 

Para 12: The Central Government has admitted that there is no bar also, under the Legal Metrology Act, 2009 or the Rules framed thereto have different MRPs.

 

Para 13: The two bottles produced by the Complainant in the Commission having two different MRPs are manipulated ones (contended). …… Also we cannot take any action against Pepsico, but we warn them hereby to have one MRP on the same product at different outlets or otherwise, within the parameters of law. The consumer court will not allow the petitioners/Opposite parties as well as anybody else, to lead the gullible people, up the garden path.

 

Para 21: There cannot be two MRPs, except in accordance with the law. The whole gamut of the facts and circumstances, detailed above, clearly leans in favour of the Metrology Department. The MRP of Rs.30/- is of their (OPs) own making. The MRP was not made/sanctioned by the Manufacturers. The Complainant should have made Pepsico and Varun Beverages (International) Ltd., as parties in this case. The learned Director of Legal Metrology should wake up, make an enquiry and take legal action against the wrong doers.

 

Para no.23: They are conspicuously silent about it. The silence on their part is pernicious for the petitioners. The case against the petitioners stand fully proved.  

 

9. For the reasons discussed in the above paras, it is clear that the pleading itself does not show the allegations/materials regarding the main relief sought for in the complaint in the background of the referred Judgment and absence of proper explanations/narrations made this forum to apply para no.23 of the referred Hon’ble NCDRC judgment against the Complainant. Hence the Complainant deserves to get the following:    

 

 

                       ORDER

 

 

The CC.No.1060/2017 filed by the Complainant is rejected u/s 12(3) of CP Act. No order as to costs.         

 

 

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the Open Forum on 27^th September 2017).

 

(SURESH.D)          MEMBER

(ROOPA.N.R)    MEMBER

(VASANTHKUMAR.H.Y)  PRESIDENT