Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.07.2017
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the full price of the said packets paid at the time of purchase i.e. 23.04.2012 along with 18% interest.
- To direct the opposite parties to pay Rs. 1,50,000/- ( Rs. One Lack Fifty Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as Litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he purchased 5 packets of Parle’s Wafers Masala Masti flavor Potato Chips, 3 Packets of Kurkure and 3 packets of Orange Cream from opposite party no. 4 after paying Rs. 49/- on 23.04.2012 for his personal use as will appear from annexure – 1. On the packet of Parle’s Wafers it is printed that the ingredients of Parle’s Wafers Masala masti flavor is Potatoes, edible vegetable oil, seasoning salt, spices & condiments chilli powder, onion powder, coriander powder, castic powder, cumin powder, mango powder, pepper powder, sugar flavor enhancer, acidity regulator and anticaking agent as will appear from annexure – 2.
The complainant has further asserted that one packet of Parle’s Wafer Masti flavor Potato Chips is empty and is containing no slices and the complainant has also asserted that the weight of the packet does not represent what it should have been.
The complainant immediately lodged the complaint with Raju Kirana Store (Opposite party no. 4) in presence of another person and requested to replace the said chips packet with another packet of same description but opposite party no. 4 ignored the request made by the complainant and directed the complainant to complaint with the manufacturing company.
The complainant has further asserted that he wrote letter dated 07.06.2012 to the opposite parties in which after stating entire facts, requested to pay adequate compensation to the complainant for loss, inconvenience and mental tension suffered due to unfair trade practice on the part of manufacturer and sellers but nothing happened.
The grievance of the complainant is that uptill now no action has been taken by the opposite parties to redress the grievance of the complainant.
From record it appears that when the registered notice sent to opposite parties did not returned unserved then vide order dated 24.07.2015 the tamila was declared valid and several adjournments were given to opposite parties to file written statement. When the opposite parties neither appeared nor filed written statement then this case was heard ex – parte.
It goes without saying that as the complainant has stated aforementioned facts in the complaint on the solemn affirmation and there is no counter version of the opposite parties, hence we have no option but accept the facts asserted by complainant which clearly disclose deficiency on the part of opposite parties.
For the discussion made above we direct the opposite party no. 1 to 3 to refund the price of said packets containing annexure – 1 to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 10% interest on the amount of Rs. 49/- ( Rs. Forty Nine only ) till its final payment is made.
Opposite party no. 1 to 3 are further directed to pay Rs. 500/- ( Rs. Five Hundred only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
