1. The brief fact of the case of complainant is that on 18.05.2022 he purchased 10 nos. of Haldiram’s Chatpata Matar party snack containing 18 gm. from O.P. No. 1 and during consumption, he found one packet out of total packets purchased, is full of empty and contained nothing inside in it whereas the same purely sealed one, which is visible in the naked eye. It is alleged that while he asked the O.P. No. 1 about such emptiness, O.P. No.1 rudely replied and suggested to contact with O.P. No.2 andon contact with O.P. No.2 no response was received from their side, thus showing deficiency in service, he filed this case claiming costs of alleged packet and Rs. 50,000/- and Rs. 10,000/- towards compensation and costs of litigation from O.Ps.

2. The O.P. No. 1 though received the notice from the Commission, did not choose to appear in this case, nor filed his counter version nor also participated in the hearing, as such we lost every opportunities to hear from him.

3. On the other hand, the O.P. No. 2 send their appearance through post, wherein they have send one petition seeking for participation through video conference.  Since there is no proper net facility for video conference, as such we directed the O.P. No. 2 send their counter version by post as per our order no. 4 dated 18.06.2022.  Whereas the O.P. No. 2 though received the same, but did not choose to file their counter versions inspite of ample opportunities provided to them nor also participated in the hearing, as such we lost every opportunities to hear from them. 

4. Complainant filed the alleged packet to prove his case.  Heard from the complainant at length.  Perused the case record and documents available therein.

5. It is an evidentiary fact that the complainant purchased the alleged packets from the O.P. No. 1 which is manufactured by O.P. No. 2.  Complainant filed the alleged packets for our perusal.  The allegation of complainant is that during enquiry about the emptiness of the alleged packet, he was not responded properly by both O.Ps.  Since both the O.Ps are absent during the entire proceeding, we have lost every opportunities to come to know whether have provided any sort of services to the complainant or not, as such we have no hesitation to disbelieve the version of complainant.  Since non contradictions are brought out by the O.Ps the allegations of complainant remained unchallenged and unrebuttal.In this connection, we have fortified with the verdicts of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another wherein it is held that “Unrebutted averments shall be deemed to be admitted.”

6. Further it is observed that due to such defectiveness, complainant must have sustained some sort of financial loss, but he could not properly established about his sufferings either mentally or physically, as such we are not inclined to accept the entire claim of complainant as claimed in his prayer clause except financial loss.  It is also observed that due to such emptiness, he tried to contact with both the O.Ps., but no response was received from their side and the said fact remained unchallenged by the O.Ps.  In our view, findings emptiness in the alleged packets is not a serious crime, as sometimes it may be happened during packing system, but non response to the complaint of complainant by O.Ps is clearly shows the deficiency in service.  

7. Further it is observed that due to such non response by the O.Ps, complainant knock the door of the Commission by incurring some expenses, which entitle him for compensation and costs.  Hence this order.

                                                                                                                         ORDER

The complaint petition is allowed in part. The O.P. No. 2, being the manufacturer of the alleged packets is herewith directed to pay Rs. 2,000/- which includes the costs of alleged packets, compensation and costs of litigation to the complainant within 45 days from the date of receipt of this order, failing which the above amount shall carry interest @ 10% p.a. from the date of purchase of alleged product i.e. 18.0.5.2022 till payment.

Pronounced the order in the open Court on this the 5^th day of September, 2022.  Issue free copy to the parties concerned.