Tamil Nadu

South Chennai

CC/222/2014

S.Jothi Venkatesan - Complainant(s)

Versus

Reliance Fresh Limited - Opp.Party(s)

Party in person

16 Sep 2022

ORDER

Date of Complaint Filed : 27.02.2014

Date of Reservation      : 01.09.2022

Date of Order               : 16.09.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,    : MEMBER II

 

CONSUMER COMPLAINT No.222/2014

FRIDAY, THE 16^th DAY OF SEPTEMBER 2022

S. Jothi Venkatesan,

S/o. Sathyanarayanan,

68/A1, Jai Shankar Colony,

Hosur – 635 109.                                                        ... Complainant                

 

..Vs..

Manager,

Reliance Fresh

Reliance Fresh Limited,

No.329, Avai Shanmuga Salai,

Near Lloyds Colony,

Royapettah,

Chennai – 600 014.                                                     ...  Opposite Party

 

******

Counsel for the Complainant          : Party in Person

Counsel for the Opposite Party       : M/s. K. Ravi kumar

 

On perusal of records and after having heard the oral arguments of the Counsel for the Opposite Party, we delivered the following:

ORDER

Pronounced by Member-I, Thiru. T.R. Sivakumhar, B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to replacement of 5Kg Reliance Select Whole Wheat Atta packet or to return the cost of the product purchased by the Complainant and to pay a sum of Rs.50,000/- towards mental agony along with cost of Rs.2000/-.

2.     The averments of Complaint in brief are as follows:-

     On 06.10.2013 when the Complainant visited Chennai from Hosur, he purchased 5 Kgs of Reliance Select Whole Wheat Atta and 2 Kgs of Sugar with 5 litres  of Sunrich Sunflower oil under special Combo offer pack from the Opposite Party. On reaching home he had doubt in the weight of 5 Kgs of Reliance Select Whole Wheat Atta, hence weighed the same and found shortage of 150 gms in the said Atta Pack. Immediately on the next day he approached the Opposite Party for replacement of the said Atta, but was refused by the employee of the Opposite Party. Hence he sent a notice dated 14.10.2013 to the Opposite Party, as there was no response, he had sent a reminder and legal notice through Association for Consumer and Environment Protection Watch, where the Complainant is a General Secretary in the said Association, even to that there was no response made by the Opposite Party. Inspite of having sold shortage of Atta, the Opposite Party negligently failed to reply his letters. Since the Opposite Party had not taken any action to protect his rights as a Consumer, the complaint has been filed. Hence the complaint is to be allowed.

3. Written Version filed by the Opposite Party in brief is as follows:-

        The Opposite Party deny the averment that the Complainant had purchased Combo Pack 5Kg Reliance Select Whole Wheat Atta 2Kg Sugar 5 Liters Sunrich Sun Flower while he came to Chennai from the Opposite Party shop on 06.10.2013 as false frivolous and the Complainant was put to strict proof same. The Opposite Party refuses the said contention that the Complainant visited the shop of the Opposite Party on 06.10.2013 and put the Complainant to strict proof of the same. The complaint is being filed against them as if the Complainant visited Opposite Party shop and purchased Combo Pack 5 Kg Reliance Select Whole Wheat Atta 2Kg Sugar 5Liters Sunrich Flower Oil while he came to Chennai from the Opposite Party shop on 06.10.2013. The allegations that next day the staff of the Opposite Party neglected the Complainant and refused to replace with new Atta Pocket in the place shortage Pocket was denied. The Complainant never approached them the allegations are concocted for filing a false complaint the very purpose of claiming huge amount from them. The Complainant produced fake documents before Hon'ble Forum like fabricated weight figures showing less weight "ATTA" pack. There was no proof that weighing scales are used by the Complainant to show weight of 4.860 kg instead of 5 Kg, duly authorized and stamped by Legal Metrology Department. The Complainant is regular in filing complaint as against Reliance by Association Consumer and Environment Protection Watch, Hosur. Earlier, Complainant issued notice on product "B-natural Tetra Park" alleged the same was expired, in fact, the same was not product. Except Complainant no other customer who purchased the Atta from them, made complaint. If the purchase of Atta was in shortage they would have attended their grievance and would have replaced the Atta. But the customer who actually purchased Atta has never turned to their shop, instead they received letter dated 14.10.2014 from the Complainant, immediately after receipt of the letter their Stores Manager Mr.Loganathan called the Complainant over phone and refused the allegations and said the Complainant to produce the Atta Pocket and after verifying the weight found any difference would replace the same, the Complainant was not willing to talk to them, instead asked them to talk to Mr.Sivaprakasam with contact number 9486523190. But the Complainant was not satisfied with the offer of replacement of the Atta if found with any shortage of weight. If the Complainant would have approached them, they would have definitely attended the grievance of the Complainant, the Complainant had not approached despite repeated request over phone. Hence prayed to dismiss the complaint.

4.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-6  were marked. The Opposite Party submitted his Written Version and Proof Affidavit and on the side of Opposite Party Ex.B1 alone was marked.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

        The contentions of the Complainant was that on 6^th October, 2013 he purchased 5 Kgs Reliance Select Whole Wheat Atta, and 5 Kgs Sugar with 5 litres Sunrich Sun Flower Oil, under special Combo offer pack from the Opposite Party.

        The disputed fact is that when 5 Kgs of Reliance Select Wheat Atta was weighed on doubt by the Complainant on reaching home, the said Atta found to be short by 150 gms. When the said shortage was taken to the knowledge of the Opposite Party for replacement there was no response from the Opposite Party.

        In the facts and circumstances of the case as well as on careful reading of complaint and Exhibts marked by the Complainant, that when he visited Chennai on 06.10.2013 from Hosur, bought the products mentioned herein above, from the Opposite Party on special combo offer pack and reaching home on the same day, on doubt about weight of 5 Kgs of Reliance select Whole Wheat Atta, weighed and found short by 150 gms as found in Ex.A2. The Complainant contended that on the next day he had approached the Opposite Party for replacement, the same was refused. On careful reading of Ex.A-4, the letter dated 14.10.2013 sent by the Complainant to the Opposite Party, the Complainant had no where mentioned about his visit or approach made to the Opposite Parties store on the next day of purchase, i.e on 07.10.2013, seeking replacement of said Atta, as mentioned in the complaint, if at all he would have visited or approached the Opposite Party for replacement, he would have mentioned the same in Ex.A-4, hence the refusal of replacement made by the Opposite Party is not sustainable. Further the photograph of the weighing made by the Complainant as found in Ex.A-3 is not supported by valid receipt with particulars of date & time, hence the said document is not legally acceptable and as such Ex.B-1 is not legally acceptable. Further the contention of the Opposite Party that the Complainant was contacted over phone by the Opposite Party and had asked him to come to their store with the alleged Atta, if found to be shortage they would replace the same, for which the Complainant had given a number of one Sivaprakasam, would clearly shows that the Complainant had not visited or approached the Opposite Party on the next day of purchase when he found shortage of Atta alleged to have been purchased under Special Combo offer Pack, as well as he is not at all interested in getting replacement of Atta alleged to have been purchased at Opposite Party store.

        On foregoing discussions, we hold that the Complainant had failed to prove any negligence on the part of the Opposite Party. Therefore we are of the considered view that the Opposite Party had not committed any deficiency of service as alleged by the Complainant. Accordingly, Point No.1 is answered.   

Point Nos.2 and 3:

As discussed and decided point No.1 against the Complainant, the Complainant is not entitled for the reliefs claimed in the complaint and /or for any other reliefs/s. Accordingly Point Nos. 2 and 3 are answered.

In the result the complaint is dismissed. No costs.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 16^th of September 2022.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	06.10.2013	Copy of Receipt for the purchase made by the Complainant
Ex.A2	-	Photo of shortage of Reliance Select Whole Wheat Atta Packet purchased by the Complainant
Ex.A3	-	Photocopy which is showing shortage of Reliance Select Whole Wheat Atta Packet
Ex.A4	14.10.2013	Copy of complaint sent by the Complainant to the Opposite Party
Ex.A5	07.01.2014	Reminder letter sent by the Consumer Association to the Opposite Party
Ex.A6	-	Copy of P.O.D for the complaint received by the Opposite Party

List of documents filed on the side of the Opposite Party:-

 

Ex.B1

-

Photo of Reliance Select Whole Wheat Atta Packet

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT