Sri B.NARAYANAPPA,

      President

1.       The complainant Sri. Kannambaadi Lokesh Akash has filed this complaint against the opposite party No.1 Reliance Retail Limited, Mumbai city and opposite party No.2 Reliance Fresh, Mysuru city directing the opposite party  to replace the goods with new goods and to pay compensation of Rs.19,99,000/-.

2. The brief facts are that:-

The complainant alleged that the opposite party sold goods to him which were expired and unsafe for human consumption and thereby committed deficiency in serviceby concealing the information on the products soldto the consumer such as MRP, Manufacture Date, Best before date etc.,.He averred that he was a regular customer of the opposite party outlet located at Vijaya Nagar, 2^nd stage, Mysore.He visited the said outlet on 20.08.2018 and saw that around 5 to 8 pieces of soft drink Pepsi displayed for sale even after their expiry and they were even selling those expired products to the innocent customers at reduced price on noticing the same he spoke to store in charge not to sold the expired product to the customer and requested to remove the expired food articles from the display but the store in charge shouted at him in front of public and even complained this matter to the Reliance Customer care No.1800-102-7382 on the same day then he changed the store and on 22.08.2018 visited Reliance Fresh outlet located at Kalidasa road, Mysre where also he found no difference the same malpractice of selling expired food articleto the innocent customers was found and he purchased 2.25 Liter of Pepsi Soft Drink and two packs of Parle Cakes 45 grams each and some 3 more food articles.The Pepsi bottle 2.25 liter costs of Rs.78.20, one pack of Parle Happy Happy Cakes 45 gram Vanilla flavoured Rs.7.84/-, one pack of Parle Happy Happy Cakes 45 gram Tutti Frutty flavoured Rs.7.84/- total Rs.93.88/- and he paid the amount through Rupay Debit Card under tax invoice No.25810618530363 and bill No.197 dated 22.08.2018 and found the following defects in the said products Pepsi Soft Drink of 2.25 Liters bottle with batch No.AGBN.5281C20E18 bearing manufacture dated:20.05.2018 with a best before period of 3 months and MRP 90 which was expired before 22.08.2018 itself which has been sold to him and two packs of Parle Happy Happy Cakes 45 grams each batch No.W3 14A and W6 15A packed date 15.05.2018 best before period of 90 days was not good or even healthy to eatwhich was expired on 13.08.2018 and the same was sold to him on 20.08.2018 after9 days of expiry period and he further alleged that he consumed one pack Happy Happy Cake on the same night and he suffered vomiting, headache, irritation and spent sleepless night.Therefore he alleged that the opposite party is responsible for the mal-trade practice and fraudulent act.Hence, this complaint.

3.        After registration of this complaint, notices were ordered to be issued to opposite parties.  In response to notice the opposite party appeared through its counsel before this Commission  and filed common version denying the allegation made by the complainant in complaint and denied the allegation of the complainant that the employees of the opposite party outlet at Vijayanagar 2^nd stage, Mysore have rudely behaved with the complainant when the complainant visited the shop and contended that when the complainant virtually failed in his attempt  to malign the reputation of the opposite party outlet at Vijayanagar 2^nd stage, Mysore.  He visited to another store outlet of opposite party to meet his vengeance and further contended that on 22.08.2018 the complainant due to vengeance visited opposite party outlet at Kalidasa road, Mysore within 2 days  of the said incident and has successfully picked the 3 articles viz Pepsi Soft drink, 1 pack of Parle Happy cakes Vanilla flavoured 45 grams and 1 pack of Parle Happy Cakes Tutti frutty flavoured 45 grams which were virtually kept for replacement and that too without the notice of the staff of the said store outlet and has come up before this Forum to maligning the huge reputation  of opposite party and its large scale business running throughout the country to meet the public demand and running successful all over India without any major complaints.

4.      And further contended that Each outlet along with day to day business will be having hectic work to segregate out-dated/expiry products of all varieties and that are done with utmost care and as per the version of complainant the Pepsi Soft Drink itself was expiry of 2 day and both said Parle cake packs expiry of 7 days in lot number of various variety products the personnel of the store will be having tiresome work in making replacement of the outdated products and further contended that the complainant had every option in bringing the said fact to the notice of the store-manager at the shop itself as he did at the earlier shop at Vijayanagar 2^nd stage, Mysore and has blindly purchased products without noticing their expiry dates and further contended that the complainant with an intention to make benefit and  an issue purposely created to meet his vengeance and has filed this false complaint.  Hence, prays to dismiss the same.

5.      The complainant has filed his affidavit by way of examination in chief same and the same was taken as P.W.1 and got marked  Exhibit P.1 to P.5.  On the other hand opposite parties have also filed affidavit of both parties.

6.  Heard the oral arguments of both sides. Both parties have also filed their written arguments.    

7.     The points that would arise for our consideration are as under:-  

1. Whether the complainant proves that the alleged deficiency in service on the part of the opposite parties and thereby he entitled to the reliefs as sought for?
2.  What order?

8.          Our findings on the aforesaid points are as follows:

       Point No.1 :- Partly in the affirmative;

      Point No.2 :- As per final order for the following

:: R E A S O N S ::

9.          Point No.1:- It is the specific contention of the complainant that he being the regular customer of Reliance Retail Shop located at Vijaya Nagar, 2^nd stage, Mysore visited the shop outlet on 20.08.2018 and saw about 5 to 8 pieces of soft drinks of pepsi being displayed for sale even after their expiry date and they were selling expired products to innocent customers at reduced rates and he told the officials of opposite party outlet not to sell the expired products but they shouted at me in front of public and humiliated him in front of them.  Hence, he complained to Reliance Customer care No.1800-102-7382 on the same day and on 22.08.2018 he visited the Reliance Fresh outlet located at Kalidasa road, Mysore and found no difference in the said outlet also he purchased one bottle of Pepsi Soft Drink 2.25 Liter for Rs.78.20, one pack of Parle Happy Happy Cakes 45 grams Vanilla flavoured for Rs.7.84, one pack of Parle Happy Happy Cakes 45 grams tutti Frutty flavoured for Rs.7.84/- totally for Rs.93.88/- and made payment through Rupay Debit Card under tax invoice No.25810618530363 and bill No.197 dated 22.08.2018 and to prove the payment of bill amount he produced tax invoice dated 22.08.2018 and it is further specific contention of the complainant that he found that the Pepsi Soft Drink 2.25 Liter bottle which was sold to him was expired before 22.08.2018 itself and two packs of Parle Happy Happy Cakes 45 grams each which were also expired on 13.08.2018 and he consumed one pack of Happy Happy Cake and suffered vomiting, head ache, irritation etc., but the complainant not produced any proof such as medical reports to prove that due to consumption of expired Happy Happy Cake pack he suffered vomiting, headache etc.,

10.      It is not in dispute that the complainant had purchased one bottle of Pepsi Soft Drink 2.25 Liter for Rs.78.20, one pack of Parle Happy Happy Cakes 45 grams Vanilla flavoured for Rs.7.84, one pack of Parle Happy Happy Cakes 45 grams tutti Frutty flavoured for Rs.7.84/- and the same has been admitted by the opposite party and though the opposite party has denied the allegations of complainant that the employees of opposite party outlet at Vijaya Nagar, 2^nd stage, Mysore have rudely behaved with the complainant as false and contended that the complainant purposefully on 22.08.2018 visited opposite party outlet situated at Kalidasa road, Mysore and picked 3 articles namely one bottle of Pepsi Soft Drink, one pack of Parle Happy Happy Cakes 45 grams Vanilla flavoured, one pack of Parle Happy Happy Cakes 45 grams tutti Frutty flavoured which were virtually kept for replacement and the said products were expired.  So from the contention of opposite party  itself  it is clear that the opposite party admitted that it had kept the expired products which were purchased by the complainant.

11.      As admitted by the opposite party the 3 products which were purchased by the complainant  were expired kept for replacement the complainant purposefully purchased the expired products from the opposite party outlet under such circumstances it is crystal clear that the opposite party kept/displayed the expired products which were purchased by the complainant and displayed the same for sale and thereby the opposite parties have committed the deficiency in service, if at all the version of opposite party that the 3 products which were  purchased by the complainant were kept for replacement were to be correct the opposite party outlet should not have displayed the same for public it should have kept the same separately without display for replacement, but the opposite party without doing so displayed the same for sale for public it is nothing but deficiency in service on the part of opposite party and as admitted by the opposite party the complainant has purchased 3 expired products as the same were displayed for sale.  The version of opposite party that the complainant purposefully purchased the expired products due to vengeance cannot be believed and accepted.  If at all the expired products were not kept or displayed for the public the complainant could not have purchased the expired products.  As the expired products were displayed by the opposite party outlet the complainant without seeing the expiry dates thinking that they are fit for human consumption he purchased the same, upon  noticing the expiry date he came to know that the 3 products purchased  by the complainant were expired and not fit for human consumption and the complainant without  noticing expiry date   consumed one pack of Parle Happy Happy Cake and suffered headache, vomiting and irritation but the said fact has not been proved by the complainant anyway the complainant has proved the deficiency in service on the part opposite party since the opposite parties have displayed the expired products and the complainant purchased the same.  The display of the expired products by the opposite party itself is the deficiency in service on the part of opposite party.  Therefore the complainant is entitle for replacement of expired products and for damages and compensation for the mental agony caused to complainant.  Hence, we answer point No.1 partly in the affirmative.

12. Point No.2:- For the aforesaid reasons, we proceed to pass the following

:: ORDER ::

The complaint filed by complainant is allowed in part.

    The opposite parties are  hereby directed to   replace  one bottle of Pepsi Soft Drink 2.25 Liter, one pack of Parle Happy Happy Cakes 45 grams Vanilla flavoured, one pack of Parle Happy Happy Cakes 45 grams tutti Frutty flavoured  with new one  and to pay compensation of Rs.2,000/- and cost of Rs.1,000/- to the complainant within one month from the date of this order, failing which the said amount shall carry interest at 12% p.a. till payment.

Furnish the copy of order to both the parties at free of cost.

(Dictated to the Stenographer transcribed, typed by her, corrected by us and then pronounced in open Commission on this the 6^th  November, 2020)