Delhi

West Delhi

CC/17/453

SANJEEV KUMAR - Complainant(s)

Versus

PARLE PRODUCT PVT LTD. - Opp.Party(s)

16 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

 

CASE NO.  453/2017

 

SH. SANJEEV KUMAR

R/o Block-O-112, Vani Vihar,

Geeta Enclave, Uttam Nagar,

New Delhi—110059.                                                       …..Complainant

VERSUS

M/S. Parle Product Pvt. Ltd.

Block-G, Kalkaji,

South Delhi,

New Delhi—110019.…..Opposite Party-1

 

M/S. Daily Needs

Q-173, Budh Bazar Road,

Near Mother Dairy,

D.D.A. Bindapur Road,

Uttam Nagar, New Delhi-110059.…..Opposite Party-2

O R D E R

PUNEET LAMBA, MEMBER       

The complainant filed the present complaint under Section 12 of the Consumer Protection Act, 1986. Briefly the facts as stated by the complainant for the disposal of the complainant that he purchased four packets of Parle Gulco Biscuits on 20.07.2017 for a sum of Rs. 20/- from OP-2. The complainant while eating the biscuits with tea noticed that one of the biscuit had fungus on it. It is alleged that on noticing the fungus the complainant felt vomiting tendency. After a while the complainant vomited and took some medicine. It is alleged that the Govt. has issued notifications and directions to the companies to follow the food safety measurements and guidelines. It is alleged that the Parle Product Pvt. Ltd. which manufactured the Biscuits is one of the international companies and the product of the same company are used by one year to 90 years old persons. It is averred that the company should be carefully while packing the products. The complainant took the medicine and saved himself from the food poisoning but had this been consumed by one year old child then it would have had adverse effects. Hence, the present complaint for directions to OP-1 to pay a sum of Rs. 2,00,000/- as penalty and a sum of Rs. 2,00,000/- on account of compensation for physical and mental harassment. 

          Notice of the complaint was sent to OPs, but none put in appearance on behalf of OPs and were proceeded ex-parte vide order dated 01.06.2018.

          When complainant was asked to lead evidence he filed affidavit of evidence reiterating the facts stating in the complaint on oath and also relied on Invoice dated 20.07.2017, two photographs of the packet of the product alongwith the defective Biscuit and OPD Slip of DHS dated 22.07.2017.

          We have heard complainant in person and gone through the affidavit and documents on record carefully and thoroughly.

          The version of the complainant remained unreburtted and unchallenged and there is no reason for us to disbelieve the version of the complainant. From the perusal of invoice, it revealed that the complainant purchased four packets of parle biscuits and out of which one packet with batch no. SG:29C was not consumable. During the course of arguments the complainant showed the packet and biscuits which were infested with fungus. The complainant was confronted with the issue whether he approached the OPs about the non-consumable biscuit. He, in all fairness admitted that he had approached the OP-1 telephonically several times but to no effect. The complainant has been able to show that by consuming the fungus infected biscuit, he had to take medicines. Therefore, we are of considered view that complainant has substantiated his version with sufficient evidential record and OP-1 is deficient in services. There is no doubt that the companies have to follow food safety measurement which OP-1 failed to adhere.

          Keeping in view above observations and discussions, we direct OP-1 to refund a sum of Rs. 5/- being the cost of biscuit and a sum of Rs. 2,000/- on account of compensation for physical and mental harassment within 45 days from the receipt of the order. In case of default of payment in time OP-1 shall be liable to pay interest @ 6% p.a. from the date of filing of the complaint till actual realization.

          File be consigned to Record Room.

          Copy of order be given as per rules.

          Announced this_____16_____ Janurary, 2019.

 

(PUNEET LAMBA)                                                                               (K.S. MOHI)

     MEMBER                                                                                       PRESIDENT