DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: WEST TRIPURA : AGARTALA

 

 

CASE   NO:   CC- 75 of  2023

 

 

Smt. Anuradha Lodh,

W/O- Sri Ashit Debnath,

Badharghat, Matripalli,

P.O. & P.S. A. D. nagar,

District- West Tripura. ...........Complainant.

 

 

 

-VERSUS-

 

 

 

1. Sherowali Sweets/ Bakery & Snacks(Main Establishment),

 

 

2. Sherowali Sweets/ Bakery & Snacks(Branch_I),

 

 

3. Sri Debabrata Gope,

 

    

__________PRESENT__________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA, AGARTALA.

 

SRI SAMIR GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

C O U N S E L

 

For  the  O.Ps : Sri Bijan Saha,

 

 

F I N A L    O R D E R

1. Anuradha Lodh here-in-after called the 'Complainant' has filed this complaint U/S 35 of the Consumer Protection Act, 2019 alleging inter alia that to celebrate the 9th Birth Anniversary of her daughter, she ordered a cake with the O.P. shop on 03.08.2023 for delivery on 04.08.2023. An advance payment of Rs.500/- was paid out of total amount of Rs.1,100/- and consequently the O.P. shop issued a order slip bearing No. 185.

1.1 On 04.08.2023 the delivery of the cake was taken by the husband of the complainant on payment of remaining sum of Rs.600/-. While celebrating the birth Anniversary of her daughter, the complainant and other family members and guests could smell bitter smell and some of the guests after eating the cake developed nausea. It transpired that the cream used in the cake was low quality, the colouring components are also of inferior quality not suitable for human consumption as the colour even sticking to the finger and not leaving after repeated wash of the finger. The complainant immediately ran to the O.P. shop with the remaining portion of the cake almost 850 gms and some of the staffs of the O.P. shop after tasting a portion of the cake admitted that the cake was not eatable. At that juncture the O.P. No.3 arrived in the shop and admitted inferior quality of the cake and offered to return the entire price of Rs.11,00/- and arrived at the compromise but the complainant did not agree to such proposal considering  the health condition of the guests and its impact in the society if O.Ps are allowed to continue to do such unhealthy business. Thus, the complainant asked the O.P. No.3 to return the remained portion of the cake but the O.P. started refusing. At this juncture the complainant informed her husband who arrived in the shop. The O.P. No.3 again approached the husband of the complainant for compromise but the complainant and her husband were determined to stop such unhealthy business of the O.Ps considering food safety of the customer as well. But since the O.P. No.3 was adamant not to return the portion of the cake, the husband of the complainant called East Agartala P.S. over telephone and the Director of Food Department. At that stage the O.P. No.3 returned back the portion of the cake. Being contacted the Food Safety Officer namely Khakchangti Debbarma advised the complainant to preserve the cake in deep refrigerator without presence of other items. Accordingly it was preserved in deep freezer. In that night i.e., on 04.08.2023 the complainant lodged G.D. Entry with the O/C, West Agartala P.S. regarding low quality food and the following day the complainant lodged written complaint to the Chief Medical Officer, West Tripura, Agartala. Dr. Arpita Sinha Designated Officer of the District Health Office issued notice to the complainant and the Food Safety Officer, Khakchangti Debbarma with the assistance of other staffs collected some sample from the remaining portion of the cake from the deep freezer of the refrigerator and sent the sample before the H.O.D. of Micro Biology Department, AGMC & GBP Hospital, Agartala for chemical analysis. Accordingly on 23.08.2023 Dr. Ranjan Biswas,  CMO sent letter to the complainant and forwarded a copy of letter dated 23.08.23 submitted by Dr. Arpita Sinha. Dr. Sinha in her letter dated 23.08.2023 addressed to the CMO specifically mentioned that the 2 nos. of cake samples bearing code No. SS/WD/91/23 and WD/01/23 were collected from the house of the complainant which were kept under adequate condition and Food Analyst, Regional Food Laboratory after analysis concluded that the cake was Sub-Standard as it contains “Acidity of extracted fact (as Oleic acid)” content more than prescribed standard and Microbiology Department, AGMC reported growth of E.Coli on culture after aerobic incubation. In the said letter it was also stated that an improvement notice mentioning the findings was issued to concerned Food Business Operator and he was asked to rectify the standard limit additives, colouring agents issued in the preparation of cakes and other sweet products and also to maintain proper hygiene while preparing food items. 

1.2 The O.P. are also guilty of violating  Rule – 5 of the Consumer Protection(General) Rules 2020 as they did not issue receipt are tantamount to unfair trade practice  within the meaning of Section 2 (47) of the C.P. Act, 2019.

1.3 Hence, this complaint, claiming compensation for deficiency in goods directing the O.P. to stop unfair trade practice etc. 

 

2. Being summoned, the O.Ps submitted written objection denying and disputing the pleadings of the complainant. The O.Ps denied any fault on the part of the O.Ps and never approached the complainant for compromise. The complainant took delivery of the cake being satisfied with the quality. The O.Ps run their business honestly and maintains quality and do not practice unfair trade practice. 

 

3. Both the parties submitted evidence on affidavit and the complainant submitted the following documents namely:- 

(i) copy of booking clip no. 185,

(ii) copy of G.D. Entry,

(iii) copy of complaint lodged before the CMO,

(iv) copy of notice dated 05.08.2023 issued by the Food Safety Officer,

(v) copy of letter dated 05.08.23 sent to Micro-Biology Department, AGMC by Designated Officer,

(vi) copy of prayer to the O/C, West Agartala P.S. for directing the O.Ps to preserve and not to destroy CC TV Footage of their shop branch for 3rd and 4th August, 2023,

(vii) copy of letter dated 23.08.23 issued by Dr. Ranjan Biswas, CMO, Agartala and 

(viii) copy of letter dated 23.08.23 issued by Dr. Arpita Sinha, Designated Officer, Office of the CMO, Agartala.

 

4. Hearing argument following points are taken up for discussion and decision:-

 

 

5. Both the points are taken up together  for discussion and decision.

5.1 The argument of the Learned counsel of the O.P. that the complainant has not proved that they purchased the cake on payment of money has no basis because, the complainant has submitted the money receipt and complainant has proved that the O.P. issued a slip dated 03.08.2023 and showing subsequent date 04.08.2023, payment of Rs.500/- and Rs.600/-, total Rs.1,100/- has been paid vide slip serial no. 185. Further argument of the Learned counsel of the O.P. that the complainant has not proved the report of the Health Safety Officer that the cake in question was substandard is also not acceptable to us because Regional Food Laboratory, Govt. of Tripura, Agartala sent the analyst report stating it as substandard as it contend “acidity of extracted food(as Oleic acid)” contended more than prescribed standard and micro-biology Department, AGMC has reported the growth of E.coli on culture after aerobic incubation. Further an improvement notice was also sent to the O.P. asking to rectify the standard limit of additives, colouring agents maintaining proper hygiene for preparation of all kind of products. Therefore, we find that the argument advanced by Learned counsel of the O.P. have no leg to stand. 

5.2 Learned counsel of the complainant has referred the Judgment of Hon'ble National Consumer Disputes Redressal Commission in Revision Petition No- 158/ 2020, wherein we find that while preferring the complaint the initial onus upon the complainant to prove that the food was defective or of inferior quality  but such onus is not high considering the fact that ordinary customer visit the restaurant will not be able to discharge the same. Hence, if a complaint is filed with an affidavit it is sufficient to discharge the initial burden  unless it is shown that the complaint is motivated.

5.3 In the case at hand the complainant has not only discharged initial burden but also has annexed the report of the Food Safety Officer that the cake in question supplied to the complainant was of inferior quality.

 

6. Both the points are decided against the O.Ps. 

7. We are not oblivious of the good will of the O.P. shop but at the same time it is the burden of the O.P. to maintain such good will by maintaining the food quality but not by encashing on such good will and do business. Hence, considering the consequence of supplying of low quality cake and its health impact upon the consumers we award Rs.50,000/- as compensation to the complainant to be paid by the O.P. within 30 days from today otherwise it shall carry interest @ 7.5% P.A. till the date of actual payment.

7.1 Further the O.Ps shall take every care so that such low quality foods are not supplied and for which the O.Ps shall maintain a board in their shops that they maintain prescribed quality of the food items. The O.P. No.3 shall send a compliance report within 3 weeks to this Commission that the O.Ps have installed such board in their shops.

 

 

7. The case stands disposed off.

8. Supply copy of this order to the parties free of cost.   

 

Announced.

 

 

SRI  GOUTAM DEBNATH

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,AGARTALA

 

 

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,AGARTALA.