West Bengal

South 24 Parganas

CC/450/2014

SMT. MOUSUMI SARDAR, W/O Sri Gautam Sardar - Complainant(s)

Versus

RAMA CONFECTIONERS (MONGINIS GARIA OUTLET) - Opp.Party(s)

25 Mar 2015

ORDER

DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NOS. _450__ OF ___2014______

 

 DATE OF FILING : 15.9.2014_     DATE OF PASSING JUDGEMENT:__25.3.2015

 

Present                        :   President       :  Udayan Mukhopadhyay

 

                                        Member(s)    :   Dr.(Mrs.)  Shibani Chakraborty                                        

 

COMPLAINANT                  : 1. Smt. Mousumi Sardar,w/o Sri Gautam Sardar, Society President

  Garagacha, Barabattala, Garia Station Road, Kolkata – 84,

  P.S. Sonarpur.

  2.      Sri Gautam Sardar,s/o Sri Probodh Sardar, Garagacha, Barabattala, Garia Station Road, Kolkata – 84,  P.S. Sonarpur

 

-VERSUS  -

 

O.P/O.Ps                                :  Rama Confectioners ( Monginis Garia Outlet), Tentulberia,

                                                  Garia Station Road, 24-Parganas (South), Kolkata – 84.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

            Dr.(Mrs.) Shibani Chakraborty, Member

            The case of the complainant ,in brief, is that a birthday cake was purchased from O.P-shop which after cutting and distributing among the children and other guests present in the programme found lot of fungus infected or decayed portion in the cake. When it was complained to the O.P-shop they not only denied their involvement and responsibilities in this mater rather they pointing towards the company for the fault. The complainant informed all the matters to local police station and lodged a G.D. Hence, the case.

            The O.P by filing written version contested the case contending inter alia that the case is not maintainable.

            The complainant filed evidence on affidavit, questionnaire and reply. The O.P also filed questionnaire and reply.

Decision with reasons

            We have carefully gone through the records and documents filed by both the parties. The cake was sent to West Bengal Public Health Laboratory for testing and analysis . From the report it reveals that the sample is an unsafe food under clause (ZZ)(iii) & (X) of sub section (1) of section 3 of FSS Act, 2006. In the written version the O.P stated that they are the franchisee of Monginis. They received branded food items from Monginis or Swizz Foods  Pvt. Ltd. But it is the duty of a vendor to store the goods in proper condition and sell them in the same state as it was purchased. This provision opens a scope for discussion in the light of decision of the Supreme Court in Andhrapradesh Grain and Seed merchants Association Vs. Union of India  AIR 1971 SC 2346  where  originally the Vendor purchased the article of food in a sealed container and subsequently opened the container for the purpose of selling the article of food.

            From the report it shows that there is a great deficiency of service on the part of the O.P. The O.P should be more careful to sell the food product specially readymade food like Cookies, Cakes etc. as these caused serious food poison and leads to death . Most of the beneficiaries are children and they are the vulnerable section of the community. The complainant is lucky as the fungus was detected by the guests before consuming it ,otherwise it could be more fatal.

            As a result the case succeeds.

            Hence,

                                                            Ordered

That the case being C.C.no./ 450 of 2014 be and the same is decreed with cost of Rs.3000/- against the O.P.

The O.P is directed to refund Rs.480/- the cost of birthday cake .

The O.P is directed to pay Rs.5000/- as compensation to the complainant for mental disturbances and Rs.2000/- for sale and supply of contaminated food article which is potential threat to human life.

The total amount of Rs.10,480/- will be paid by the O.P within 20 days from the date of this order ,failing which the entire amount will carry an interest of 10% p.a till realization.

 

                                                            Member                                               President

 

Dictated and corrected by me

           

                        Member

 

 

 

 

The judgement in separate sheet is ready and is delivered in open Forum. As it is ,

         Ordered

That the case being C.C.no./ 450 of 2014 be and the same is decreed with cost of Rs.3000/- against the O.P.

The O.P is directed to refund Rs.480/- the cost of birthday cake .

The O.P is directed to pay Rs.5000/- as compensation to the complainant for mental disturbances and Rs.2000/- for sale and supply of contaminated food article which is potential threat to human life.

The total amount of Rs.10,480/- will be paid by the O.P within 20 days from the date of this order ,failing which the entire amount will carry an interest of 10% p.a till realization.

 

                                                            Member                                               President