THE KERALA STATE  CONSUMER DISPUTES REDRESSAL  COMMISSION

VAZHUTHACAUD,  THIRUVANANTHAPURAM.

APPEAL .   NO- 252/2017

 JUDGMENT   DATED. 03/05/2017

(Appeal filed against the order in CC.No. 317/2014 , CDRF, Malappuram)

PRESENT:-

          JUSTICE.  SRI. P.Q. BARKATH ALI         : PRESIDENT        

APPELLANT  :

 Britannia Industries Limited,

5/IA, Hanger Ford Street,

Kolkata- 700017

(By Adv. P. Radhakrishnan and others)

RESPONDENT:

          Pradeepkumar N,

          Beena Babu, Kunnathuvilayil,

          Kuttimunda, Chunathara.

                                                                        JUDGMENT

JUSTICE . SRI. P.Q. BARKATH ALI: PRESIDENT

          This is an appeal filed by the opposite party in CC.No. 317/2014  on the file of Consumer  Disputes Redressal Forum, Malappuram challenging the order of the Forum dated. August 31, 2016.

                                                                    (2)

The allegation of the complainant is that he and his wife purchased a packet of Nutri Choice Ragi Biscuits of Britannia Company  on September 14, 2014 from a Bakery at Chungathara which was found fungal infested  and that his son after  consuming  biscuit sustained  food poison.  The opposite party M/s. Brittania Industries Limited denied  the entire allegation of the complainant . 

  On the  side of the complainant Exbts.A1 to A2 were marked before the Forum.  No proof affidavit filed by the opposite party.  Forum found that allegation of the complainant is correct  which amounts to  deficiency of service  and directed the opposite parties to pay a compensation of Rs. 25,000/- and a cost of Rs. 10,000/-.  Opposite party has now come up in appeal challenging the said order of the Forum. 

The Heard the counsel for appellant. No notice is served to respondent. 

  On going through the order of the Forum I  am of the view that     allegation made by  the complainant is proved.  But the   compensation awarded by the Forum is on the higher side .  Hence compensation awarded is  reduced to 15,000/- and a cost is reduced to 5000/-. 

In the result, the appeal is allowed in part.  The finding of the Forum that there is  deficiency in service on the part of opposite party is confirmed.  But compensation is reduced to Rs. 15,000/-  and cost of Rs. 5000/-.

                         JUSTICE.  P.Q. BARKATH ALI  : PRESIDENT