Chandigarh

DF-II

CC/1058/2016

Sahib Singh - Complainant(s)

Versus

Patanjali Biscuits Pvt.Ltd., - Opp.Party(s)

In Person

17 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

Consumer Complaint  No	:	1058 of 2016
Date  of  Institution	:	29.12.2016
Date   of   Decision	:	17.04.2017

 

 

 

 

Sahib Singh s/o Late Sh.Hari Singh, resident of House No.2205/2, Sector 37-C, Chandigarh.     

 

              …………..Complainant

 

VERSUS

 

1]   Patanjali Biscuits Pvt. Ltd., 15-A, HemantaBasuSarani, 5^th Floor, Continental Chambers, Kolkata (West Bengal), India.

2]   Nishchey Sales, Booth No.246, Sector 37-C, Chandigarh.   

 

…………… Opposite Parties

 

BEFORE:   SH.RAJAN DEWAN          PRESIDENT

                                MRS.PRITI MALHOTRA           MEMBER

SH.RAVINDER SINGH            MEMBER

           

Argued by  Complainant in person.

OPs exparte.

 

 

RAVINDER SINGH, MEMBER

 

         The facts in issue are that the complainant purchased a Marie Biscuits from OP No.2-M/s Nishchey Sales/OP No.2, manufactured by OP No.1/Patanjali Biscuits Pvt. Ltd.  It is averred that on opening the packet, when the complainant started to serve his guests, he was shocked to see that a thin wire has been embedded between two biscuits, which proves an act of gross negligence of the manufacturer of playing with lives of consumers. It is also averred that had the said biscuits been used by the complainant or his guests, it would have posed danger to the life of the consumer. The complainant served notice dated 15.6.2016 upon Opposite Party No.1 bringing the matter to its notice and to compensate the purchaser suitably, but to no avail.  Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of the OPs.

 

2]       Opposite Parties No.1 & 2 did not turn up despite service of notice sent through regd. post on 4.1.2017, hence they were proceeded exparte vide order dated 7.2.2017.

 

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the complainant in person and have carefully examined the facts and pleadings along with entire evidence on record.

 

5]       The complainant bought the biscuit Marie 300 (Packet) for Rs.30/- on 11.6.2016 from Nishchey Sales, Booth No.246, Sector 37, Chandigarh (Page/7).  The biscuits were found contaminated with unhygienic thin wire within it making it unfit for human consumption.

 

6]       There is explicit ineffable sheer negligence on the part of manufacturer as well as the seller in manufacturing and selling such consumable article in market. 

 

7]       The opposite parties were issued notices but seem to have intentionally ignored the same and did not appear in this case nor have filed any reply in rebuttal to the complaint.

 

8]       The biscuits in question purchased by the complainant have been produced and seen by this Forum itself on 6.3.2017 and found that a thin wire is clearly seen embedded between two biscuits.  The Forum is satisfied that the biscuits were highly unhygienic and contaminated with an article, which can be highly dangerous, if consumed by any person.

 

9]       The deficiency in service on the part of the OPs warrants the OPs to be admonished for their work and conduct which is so disgusting in nature.

 

10]      Keeping in view, the above facts, the complaint is allowed with direction to OPs to pay back Rs.30/- to the complainant along with litigation cost of Rs.5000/- within 30 days from the date of receipt of this order.

         If the order is not complied within the given time, the OPs shall have to pay additional compensatory cost of Rs.5000/- to the complainant.

         Copy of this order be forwarded to the parties and file be consigned to record room.

Announced

17^th April, 2017                                                                                                                           Sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER