Tamil Nadu

North Chennai

CC/100/2016

G.Vijayakumar - Complainant(s)

Versus

Preethi Agencies ,Thirumala Milk Products Prv LTD - Opp.Party(s)

R.Dhanasekar

21 Dec 2018

ORDER

 

                                                            Complaint presented on:  26.05.2016

                                                                Order pronounced on:  21.12.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL PRESIDENT

 

TMT.P.V.JEYANTHI B.A.,    :                 MEMBER - I

 

FRIDAY  THE 21^st    DAY OF DECEMBER 2018

 

C.C.NO.100/2016

 

Mr.G.Vijayakumar,

Son of Mr.G.V.Chenchaiah,

No.7B/11, Anusuya Nagar,

Kolathur,

Chennai – 600 099.

                                                                                                      …..Complainant

 

 ..Vs..

 

1.M/s.Preethi Agencies,

Rep. by its Proprietor,

No.86, Vadivel Street,

Perambur, Chennai – 600 011.

 

2.M/s. Thirumala Milk Products PVT.Ltd.,

Rep. by its Managing Director,

Old.No.1418/2A1 & 2B1, No.75/8,

200 Feet Ring Road,

Thirumalai Nagar Extn., (Near Retteri Junction),

Ponniamman Medu, Madavaram,

Chennai – 600 110.

 

.....Opposite Parties

Date of complaint                                 : 01.07.2016

Counsel for Complainant                      : M/s.R.Dhanesekar, S.Saraboji

 

Counsel for Opposite Parties                    : M/s.M.Swaminathan, S.Radha Devi,

                                                                     B.R.Sankaranarayanan, J.Gracy

 

O R D E R

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

          This complaint is filed by the complainant  to direct the opposite parties to pay a sum of 1,00,000/- as compensation and also to pay a sum of Rs.50,000/- for mental torture and agony, and to replace the new ghee product with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant had purchased some milk products from the 1^st opposite party against a valid consideration of Rs.205/- on 18.02.2016 (Milk 2 Ltrs, Curd ½ Ltr, Ghee 200ml) . On the same day the complainant consumed the milk and curd. The complainant further states that on 24.02.2016 the complainant tried to open the seal of the ghee bottle where he found  some unknown foreign particles were floating inside the bottle which seems to be like a fly and its wings were legibly seen by the complainant and his family members. 1^st opposite party only promised that the products of the 2^nd opposite party were so delicious, hygienic, healthy, quantity and quality. Based on that promise, the complainant had purchased above listed products manufactured by the  2^nd opposite party. The 2^nd opposite party had not shown any diligent care towards their consumers, due to negligent service of the 2^nd opposite party, if it was consumed without noticing the foreign particle complainant and his family members might be seriously affected by food poisoning.  Due to the opposite parties inadvertent acts, complainant had to undergo serious mental strain inevitably.  The 2^nd opposite party is the manufacturer of the milk products who had supplied substandard product to their authorized outlets like the 1^st opposite party. Due to negligent acts and deficiency on the part of  both the opposite parties, the complainant is suffering  from mental  torture and agony and also financial loss due to lackadaisical acts of both  the opposite parties. Hence this complaint is filed to order against the  opposite parties to replace the new ghee product of the same brand or pay the cost of  the substandard product and also to furnish appropriate explanation regarding the negligent service and supply of substandard products to the complainant.

2. WRITTEN VERSION OF THE OPPOSITE PARTIES IN BRIEF:

          The 1^st opposite party is the dealer and the 2^nd opposite party is the manufacturer and distributor of milk products in the name and style of M/s. Tirumala Milk Product Pvt., Ltd., The 2^nd opposite party had obtained certificate of ISO Registration from Food Safety Management system-ISO 22000: 2005 and Certificate No.FSMS “558295”. Further Ministry of Agriculture by its letter dated 13.04.2015 had issued & renewed certificate of Authorization Number A/16858 up to 31.03.2020 for grading and marking of GHEE under “Agmark”. The 2^nd opposite party denies the allegations that when the complainant tried to open the seal of the ghee bottle he found some unknown foreign particles were floating inside the bottle which seems to be a fly and its wings. While processing ghee the butter is heated and the burnt particles known as “Ghee residue” in Tamil it is named as “Kasandu” will settle at the bottom. These particles are heavier than fat and they are also edible. As per FSSAI 82% fat, 18% Moisture & 2% solid non fat (this solid non fat contains protein +salt+ lactose) these  particles burn and settle at the bottom of the bottle. Therefore it is crystal clear that only burnt particles are known  as Ghee residue(Kasandu in Tamil) inside the ghee bottle and not unknown foreign particles like fly and its wings. All these are only concocted stories made by the complainant in order to file a false complaint. The complainant had purchased a ghee bottle for Rs.80/- only. Further the complainant neither failed to produce the said ghee bottle before this Forum not obtained any lab report from Food Safety & Drug Administration Department. The complainant has to produce the said sealed ghee bottle before this Forum and obtain lab report from Food Safety & Drug Administration Department. These opposite parties are not liable if the said ghee bottle is opened. This complaint is liable to be dismissed against  1^st& 2^nd opposite parties and not maintainable either on fact or on law. The allegations of unfair trade practice, deficiency in service made by the complainant are baseless and motivated with a view to extract money from the opposite parties. Hence the complaint is to be dismissed.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

          The complainant had purchased  the  milk products including a Ghee bottle from the 1^st opposite party  for Rs.205/- on 18.02.2016  vide bill in Ex.A1. The 1^st opposite party  is the dealer of the  2^nd opposite party   and the 2^nd opposite party  is the manufacturer and distributor of milk products in the name and style of “Thirumala milk products pvt. Ltd.,”. The ghee  bottle with its brand  name and inner portions are  shown in the  photographs in Ex.A2. Ex.A3 is the legal notice given by the counsel for the complainant to the opposite parties  regarding the complaint and the acknowledgement is Ex.A4. The notice is received by a person on behalf of the 1^st opposite party  alone.

          5.  The case of the complainant is that he consumed the  milk and curd and when he opened the ghee for consumption which is  purchased from the 1^st opposite party  he found some unknown particles like fly with wings floating inside the bottle, and it is manufactured by the 2^nd opposite party . If it is consumed by the complainant and  his family members, it would be injurious to the health resulting in food poisoning, hence the utmost care is not adopted by the 2^nd opposite party   and had manufactured sub-standard product  and  is being sold by the 1^st opposite party,  thereby both of them are responsible for their negligent and  defective  service.

          6. The opposite parties  have given explanation that while processing  ghee, the butter is heated  and the burnt particles were floating inside the bottle which is known as “Kasandu” in Tamil. It settles at the bottom  and it is not an unknown particle like fly with wings. Copies  of ISO, BIS, AGMARK, Consent Order from Pollution Control Board Certificates,  Factory License and FSSAI License and printout photos of manufacturing the ghee bottles in their unit are marked as Ex.B1 to Ex.B7 to prove their genuine nature with authenticated  certificates. The allegations of the complainant  regarding the opposite parties  unfair trade practice and deficiency in service  has to be proved by the complainant when it is denied totally by the opposite parties.  C.M.P 46/2017 filed by the complainant in this case for testing the Ghee bottle at King Institute, Guindy was allowed by this forum, and the complainant had failed  to  follow up the matter . Hence the sample in MO.1 was not tested in view of  the complainant had given up the sample filed  and not inclined to follow up  the order in  CMP 46/2017. Hence Lab report as ordered by this forum is not obtained to prove the case of the complainant.  The Ghee bottle is also opened by the complainant and from the photographs alone the complainant could not make out his case. It has to be proved by testing in the appropriate laboratory as ordered by this forum and that has not been followed up and was given up   by the complainant. The opposite parties   had filed  all the certificates  to prove that their company is a reputed company  and their products are safe and consumable. It is not disproved  by the complainant. While so, the allegations against  the opposite parties  for unfair trade practice and deficiency in service cannot be considered as proved and  the complaint against the opposite parties  are liable to be dismissed.

07. POINT NO:2

          The complainant has not proved his case against the opposite parties  .Since the deficiency in service and unfair trade practice  as alleged by the complainant is not proved as discussed in earlier paragraphs, there is also no financial loss and mental agony to the complainant and hence the complaint is dismissed.

          In the result, the complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 21^st  day of December 2018.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 18.02.2016                   Copy of milk products purchase bill issued by 1^st

                                                        opposite Party

 

Ex.A2 dated NIL                     Photos  Ghee bottle (inner & Outer)

 

Ex.A3 dated 29.02.2016                   Legal Notice

 

Ex.A4 dated 01.03.2016                   Acknowledgement cards  - series

& 02.03.2016

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

 

Ex.B1 dated NIL                     Copy of ISO certificate of registration for

                                                    Kadivedu Plant

 

Ex.B2 dated 28.11.2017                   Copy of BIS certificate of registration for

                                                    Kadivedu Plant

 

Ex.B3 dated 13.04.2015                   Copy of Agmark certificate for Kadivedu Plant

 

Ex.B4 dated 26.09.2016                   Copy of consent order (Pollution control                                                 

                                                    Board) for Kadivdu Plant

 

Ex.B5 dated 30.12.2016                   Copy of factory license for Kadivedu Plant

 

Ex.B6 dated NIL                     Color print out photos of manufacturing the

                                                    ghee bottles and other Milk Products in

                                                    Kadivedu Plant

                                                

Ex.B7 dated 01.03.2017                   Copy of fssai license for Kadivedu Plant

 

 

 

                                               

MEMBER – I                                                               PRESIDENT