CONSUMER DISPUTES REDRESSAL COMMISSION-VII

DISTRICT: SOUTH-WEST

GOVERNMENT OF NCT OF DELHI

FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN

CASE NO.CC/78/21

                    Date of Institution:-   16.02.2021

                    Order Reserved on:- 30.05.2024

                           Date of Decision:-     05.06.2024

IN THE MATTER OF:

G. S. Sharma

R/o H. No. A2B, Ground Floor,

Sainik Nagar, New Delhi

.….. Complainant

VERSUS

1. Puran Store Pvt. Ltd.

A-1, 85/86 Sewak Park,

Dwarka Mor, Uttam Nagar,

New Delhi – 110059

Through its Directors

2. Girdhari Lal
3. Mukesh Kumar
4. Hari Ram Agarwal
5. Rakesh Kumar

All at:

A-1, 85/86 Sewak Park,

Dwarka Mor, Uttam Nagar,

New Delhi – 110059

……Opposite Parties

Per Dr. Harshali Kaur, Member

1. Lured by the OP's advertisements for providing their customers with quality and standard products and facilities, the complainant purchased grocery items from the OP shopon 03.10.2020. A bill no.88003 was issued to the complainantfor Rs.2,562/- for the said purchase.Annexure-CW1 is a copy of the bill annexed with the complaint.

2. The complainant alleges that when he opened one of the products he had purchased from the OP, the sabut dana papad packet, he found fungus in the food item. He immediately discarded it, as it was spurious and unfit for consumption.Similarly, when he checked the moong daalpacket, he found that it did not have the essential information printed on it, like the expiry date, packaging date, quantity packed, etc., which is mandatory.The complainant has annexed a copy of the pictures of the moong daal packetas Annexure-CW2 (Colly).

3. When the complainant informed the OP,who asked him to visitthe OP store. The complainant could not visit the OP shop due to the pandemic spreading at the time. Hence, alleging unfair trade practice and deficiency in service, the complainant filed the present complaint under section 35 of the Consumer Protection Act, 2019. The complainant prays for direction to the OP to pay a sum of Rs.1 lakh along with interest @24% p.a. till the date of payment, Rs.1 Lakh towards compensation for mental agony and harassment faced by him, and Rs.50,000/- towards litigation charges.

4. Notice was issued to the OP, who did not appear despite adequate service, proof of which was filed by the complainant on record. Therefore, the OP was proceeded ex-parte vide order dated 20.05.2022. Thereafter, the complainant filed his ex-parte evidence and written arguments reiterating the averments made in his complaint and proving the documents he filed to corroborate his case on record.

5. We have carefully considered the facts and circumstances of the present complaint and have also perused the documents placed on record.

6. We find that the complainant purchased several grocery items from the OP on 03.10.2020. Out of the items purchased, the complainant alleges that he found fungus growth in the sabutdanapapad when he opened the packet, due to which he discarded the same in the garbage. He also found mandatory information about the product missing from the packet of moong daal he had purchased from the OP. The complainant has placed on record the copy of the photographs of the packet of the moong daal,which reflects the absence of any product details like expiry date, packing date, quantity packed, etc. (Ex.PW1/2 Colly).

7. There is no doubt in our mind that this information about the product manufacture date and expiry date is compulsory for the consumers to check if the eatables or goods are safe to be used and fit to be imbibed and must be clearly mentioned on the packet as mandated in Section 23 of The Food Safety and Standards Act, 2006 (FSS Act) as given below; -

23. Packaging and labelling of foods. –

(1)No person shall manufacture, distribute, sell or expose for sale or despatch or deliver to any agent or broker for the purpose of sale, any packaged food products which are not marked and labelled in the manner as may be specified by regulations:Provided that the labels shall not contain any statement, claim, design or device which is false or misleading in any particular concerning the food products contained in the package or concerning the quantity or the nutritive value implying medicinal or therapeutic claims or in relation to the place of origin of the said food products.

(2)Every food business operator shall ensure that the labelling and presentation of food, including their shape, appearance or packaging, the packaging materials used, the manner in which they are arranged and the setting in which they are displayed, and the information which is made available about them through whatever medium, does not mislead consumers.

8. The OP is ex-parte and chose not to appear before us for reasons best known to them.Therefore, we have no reason to disbelieve the uncontroverted and unrebutted testimony of the complainant, which he has duly substantiated with cogent evidence.

9. Hence, allowing the complaint, we direct the OP to refund the amount paid for the two items the complainant found spurious,i.e., sabut dana papad purchased for Rs.23/- and moong daal for Rs.68/-. The OP shall also pay Rs.10,000/- towards compensation for the mental agony and harassment caused to the complainant for their casual approach and lackadaisical attitude, which shall include litigation cost.

• A copy of this order is to be sent to all the parties as per rule.
• File be consigned to record room.
• Announced in the open court on 05.06.2024.