Haryana

Ambala

CC/286/2016

Ravinder Kumar Gilhotra - Complainant(s)

Versus

Patanjali Ayurved Ltd. - Opp.Party(s)

Gaurav Rajpoot

28 Feb 2018

ORDER

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        :  286 of 2016

                                                       Date of Institution         :  22.07.2016                                                               

                                                       Date of decision   :  28.02.2017

 

Ravinder  Kumar Gilhotra son of Shri Satnam Dass, Resident of Parveen Sadan, 205, Phase 03, Jaggi Colony, Ambala City.

……. Complainant.

Vs.

 

1.       Patanjali Ayurved Limited Corporate Office Unit III, Patanajali Food and Herbal Park, VIII-Padartha, Haridwar-kaksar Road, Haridwar-249404, Uttarakhand India through its head Director/Manager-authorised signatory.

2.       Patanjali Sawdeshi Kendra, Manav Chowk, Opposite Bombay Sweet, Ambala City through its authorized signatory.

 

 ….….Opposite Parties.

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender Kumar, Member.

Ms. Anamika Gupta, Member.                           

 

 

Present:       Sh. Gaurav Rajpoot,  counsel for complainant.

Sh. Bharat Sharma, counsel for the OP No.2.

OP No. 1  proceeded ex parte v.o.d. 21.09.2016.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant had purchased Patanjali Madhuram Gur Powder, 1 kg from the OP No.2 which is the sub seller of the OP No.1 and   has paid  an amount of Rs. 60/- on 20.07.2016 vide bill no. 4735 vide TIN No.06671040930. When the complainant reached in his house and opened  the packet of Patanjali Madhuram Gur Powder,  he shocked when he was that the abovesaid product was not in good condition and there was stone in it and  when the complainant  test the abovesaid product, the test of the Patanjali Madhuram Gur was very tartlet. The complainant also filed the complaint to the CMO, Civil Hospital, Ambala City. When the complainant reached before the OP No.2 and said that Aapne jo Shakker Baba Ramdev ji ko hame Rs. me bachi ha usme to pathar  nikal rahe hai aur mitti ke dale jase bane haue hai or khane me bahut hi kadvi hai tum logo ki janke khilwad kar rahe ho. OP No.2  said that “Hamne jo product ek bar bach diya uski hamari koi jamedari nahi hai tum hame jante nahi es company  ka malik bahut bada person hai tum inse panga mat lena”. The complainant further stated that the matter had already been brought  to the knowledge of the Op but nothing fruitful has been done till date. Neither the said Patanjali Madhuram Gur Powder is replaced with a new one nor has the valued hard earned money of the complainant been returned to him till date.  The fruitful purpose of purchasing said Patanjali Madhuram Gur Powfer is miserable failed causing not only inconvenience to the complainant but also causing financial as well as mental harassment. Hence, the present complaint.

2.                 Upon notice, OP No.2 appeared through counsel and tendered written statement and stated that the product is according the FSSI and is safe for human use. Moreover, the complainant does not know what he want to say, he purchased Gur powder but claiming the claim of refrigerator. So, there is no deficiency on the part of the OP No.2 and prayed for dismissal of the complaint. Registered notice issued to Op No.1 but none has turned up on his behalf and he was proceeded against ex-parte vide order dated 21.09.2016.

3.               To prove his version complainant tendered his affidavit as Annexure C-X with documents as Annexure C-1 to C-4 and close his evidence. On the other hand, Counsel for the OPs No.3 & 4 tendered affidavit as Annexure R-A alongwith Annexure R-1 to R-8 and close their evidence.

4.                Initially, during the proceedings of the case, the complainant has moved an application for directing to the Food Analyst District Food Lab Karnal or other concerned Department to test the Patanjali Madhuram Gur Powder. The above said application was allowed  v.o.d. 14.10.2016 and Food Analyst was directed to get  examine the said Gur Powder (Shakkar)  to submit the report whether Gur powder in question is hygience for human consumption or not, whether  it is very tartlet test or not, whether  the content  of the impugned  two packets  of Gur Powder is in conformity  with the BIS standards on organoleptic  and chemical requirements and as per the application  this Forum has sent the one sealed packed batch no. HG02 dated 05.01.2016 and one unsealed packet HG56 dated 20.2.2016 for analysis in sealed parcel. This Forum has received the report of Food Analyst on 14.3.2017 and complainant filed the objections on the report same was filed and reply on the objections also filed by the Op No.2. In order to decide the objections this Forum has given the liberty to the complainant to summon the Food Analyst for cross examination, if so desired on request of the complainant  Ms. Poonam Devi Food Analyst was summoned and she was examined on  27.11.2017.

We have pursued the report submitted Food Analyst, District Food Laboratory, Karnal dated 10.03.2017 the contents of the report as under:- 

Analysis two packets of Gur powder (Shakker) in  Consumer Complaint no.286 for 2016 captioned above, fixed for 14.03.2017.

In reference to your office No.17 dated 16.02.2017 on the subject cited above. The sample was subjected to analysis and the analysis report is as under:-

Gur Powder (Shakker) marked here as 76/Feb/2017

Physical Appearance:     Sample of Shakker in two sealed polythene packs contained in a sealed  cloth bag, free from fungus, insects, foreign matter and mould growth.

Taste and odour                      Normal

Grit                                          Absent

Insoluble matter                       Nil

Total Ash                                 1.47%

Acid in soluble ash                            0.15%

Test for acid synthetic dye        Negative

Test for basic Dye                    Negative

Test for oil soluble colour        Negative

 

Opinion:     The above referred sample bearing Lab No. 76/February/17 conform to the provisions of FSS Act 2006 and Rules and Regulations, 2011 made there under:-

 

5.                From the perusal of the abovesaid report of the Gur powder Forum has noticed that the complainant had not brought /provided the Gur Powder which he had claimed as adulterated before this Forum to send the same for       Analysis rather he has brought two another packets (one sealed packed batch no. HG02 dated 05.01.2016 and one unsealed packet HG56 dated 20.2.2016) for analysis and same send to the Public Analyst. It is clear from the report Public Analyst that the Gur Powder was fit for human consumption and test was found normal without grit and there was no insoluble material found in the Gur Powder.

6.                Keeping in view of the above discussion and facts and circumstances of the case as well as the report dated 10.03.2017 of the Public Analyst, this Forum is of the confirmed view that the present complaint is without any merits as the product in question was free from any defect and even not found adulterated. Same is hereby dismissed with no order as to costs. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on: 28.02.2018

 

 

                                                                                               

(PUSHPENDER KUMAR)        (ANAMIKA GUPTA)           (D.N. ARORA)

    Member                                         Member                                 President