BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.290 of 2018

      Date of Instt. 10.07.2018

      Date of Decision: 23.02.2022

Tarlochan Singh S/o Late Sh. Paras Ram, R/o H. No.100, Bank Colony, Mathapur Road, Jalandhar.

..........Complainant

Versus

1.       Patanjali Food and Herbal Park, Village Padartha, Lakshar Road,      Haridwar, Uttrakhand. Through Authorized Signatory.

2.       Patanjali Mega Store, 275-L, Sanjay Karate School Building,   Model Town, Jalandhar Through Sh. Sanjiv Sharma, Prop/Auth.     Rep.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)   

                   Sh. Jaswant Singh Dhillon       (Member)                                

Present:       Sh. Shekhar Prabhakar, Adv. Counsel for the Complainant.

                   OPs No.1 & 2 exparte.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant visited the store of OP No.2 on 28.07.2017 and purchased some products including Aloe Vera Juice and the OP No.2 issued the invoice bearing number PAT17-18C1009584 against the said products. That when the complainant saw the Aloe Vera Juice (Fiber) which is mentioned at Sr. No.1 of the bill there was no mention of manufacturing date, no batch number, no MRP and expiry date on the above said product. That thereafter the complainant called on the toll free number of the company i.e. 1800-1804-108 to explain his grievance but no one picked up the call from the company of OPs. Moreover, the complainant has also sent email from his email ID on 09.04.2018 at 06:31 PM to Patanjali Ayurved Ltd but the OP gave evasive reply and dilly-dallied the matter on one pretext or the other. That after being fed up with the attitude of the OPs, the complainant through his counsel served upon the OPs a legal notice dated 11.05.2018, but all in vain. That this act on the part of the OPs is malafide act as they intentionally harassed the complainant by not redressing his grievance and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay an amount of Rs.1,20,000/- as compensation to the complainant in the interest of justice, equity and fair play.

2.                Notice of the complaint was given to the OPs, but despite service both the OPs failed to appear and ultimately, both the OPs were proceeded against exparte.

3.                In order to prove his exparte version, the complainant produced on the file his respective evidence.

4.                We have heard the argument from learned counsel for the complainant and have also gone through the case file very minutely.

5.                The contention of the Ld.Counsel for the complainant is that on 28.07.2017 complainant had purchased some products including Aloe Vera Jice from OP No.2, which is evident from Invoice Ex.C-1, but the same was without manufacturing date, batch number, MRP and expiry date on the product. Regarding this, the complainant called on toll free number of the company to explain his grievance, but no one picked up his call and thereafter complainant sent an email dated 09.04.2018, which is Ex.C-2, to Patanjali Ayurved Ltd., but the OP gave evasive reply. Thereafter, the complainant sent a legal notice upon the OPs, which is evident from Ex.C-3, but all in vain. He has alleged deficiency in service and unfair trade practice and requested that the amount of Rs.1,00,000/- as compensation and litigation expenses be awarded to him.

6.                The complainant has produced on record the Invoice as Ex.C-1, copy of email Ex.C-2, legal notice and its postal receipts are Ex.C-3 to Ex.C-5.

7.                It is established on the file from Ex.C-1 that the product was purchased by the complainant. The complainant has also deposited the bottle of Aloe Vera Juice in the Court. Perusal of the bottle shows that no date of manufacturing, expiry, rate and batch number has been mentioned on this product. The complainant informed the OPs vide Ex.C-2 through email and the OPs replied to the complainant, vide different emails on 25.04.2018, 28.04.2018 and 26.04.2018. As per the email dated 26.04.2018 by the OPs, the OPs have acknowledged the concern regarding the missing batch details, price, expiry date etc. and have stated that it can be an incidence and assured to take appropriate corrective actions to avoid such re-occurrence further. This shows that the OPs have acknowledged that there was a fault on their part for not mentioning the details on the product. Since, the Aloe Vera Juice was to be consumed by the complainant and without the details on the product, there could have been effect on the health of the complainant had he used and consumed this product. There is a negligence on the part of the OPs. Thus, the deficiency in service and unfair trade practice is established and the complainant is entitled for the relief as claimed.

8.                In view of the above detailed discussion, the complaint of the complainant is exparte partly allowed and both the OPs are directed to pay Rs.10,000/- as compensation for causing mental tension and harassment to the complainant and Rs.5000/- as litigation expenses. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

9.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna                Dr.Harveen Bhardwaj    23.02.2022         Member                        Member           President