Delhi

North

RBT/CC/129/2022

MR WAKEEL AHMED - Complainant(s)

Versus

SHRI BANKEY BIHARI FOODS - Opp.Party(s)

01 May 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

RBT/CC No.129/2022

[DCDRC-V (NW) CC No. 91/2018]

In the matter of

Wakeel Ahmed    

S/o Sh. Abdul Aziz

R/o 853, St. No. 22,

Zakir Nagar, Delhi-25

                                                                                                 …Complainant

Versus

Shri Bankey Bihari Foods

51, Rajasthani Udyog Nagar,

G.T Karnal Road, Delhi-110033                                           …Opposite Party

                                                      

ORDER
01/05/2023

Ms.Harpreet Kaur Charya, Member

The present complaint has been received by way of transfer vide order No.F.1/SCDRC/Admn./Transfer/2022/330 dated 16/04/2022 of Hon’ble Delhi State Consumer Dispute Redressal Commission where the matter was transferred from DCDRC-V (North West) to this Commission. 

1. The complainant, Wakeel Ahmed has filed the present complaint against Shri Bankey Bihari (OP), under Section 12, Consumer Protection Act 1986, alleging deficiency in services and unfair trade practice on part of OP.
2. Briefly stated the facts of the present complaint are that ,Bankey Bihari Foods (OP), is engaged in the business of manufacturing /Food Processing/selling of Jams, Pickles, Tomato Ketchup, Chutneys and Syrups. On 18/10/2017, the complainant purchased 5 Fresca bottle along with other juices from a local shop namely, Q4U mini store, Zakir Nagar. It has been alleged by the complainant that he found a decomposed body of “Centipede” inside one of the sealed bottle manufactured by OP bearing FSSAI licence no. 10012064000110; batch no. 42C; date of manufacturing as 01/09/2017. An email dated 13/11/2017 informing the OP regarding the delivery of contaminated bottle was sent.
3. The complainant has further stated that in case the pregnant wife of the complainant would have consumed the contents of the contaminated bottle it would have been hazardous not only to the health of his wife but also to the unborn child.
4. Several calls were made to the customer care of OP, however of no avail. The complainant has stated that OP did not follow the instructions/directions as prescribed under Food Safety Standard Authority of India Act, 2006 (FSSAI) and prevention of Food Adulteration Act, 1954.
5. Legal notice dated 30/11/2017 was issued to OP demanding compensation, the same also duly served upon OP, which was neither replied nor complied by OP.As the OP failed to address the grievance of the complainant, hence, the present complaint with the allegation of deficiency in services and unfair trade practice. The complainant has prayed for directions to OP:-

1. To pay compensation of Rs. 15,00,000/- ; compensation for mental harassment of Rs. 3,00,000/-; legal expenses to a sum of Rs. 50,000/-
2. Impose a prohibition on the use of the process/treatment for the purposes of the food business u/s 33 of Food Safety and Standard Act, 2006.
3. Impose a permanent injunction for preparing and manufacturing of consumer items like juices, jams, chutneys etc.
4. Imposition of punishment u/s 48-59 and section 65 and 66, of Food Safety and Standard Act, 2006.
5. Direct the OP to pay the cost of legal proceedings.
6. Pass any other order which the forum deemed fit.

6. The complainant has annexed the photographs of the bottle in dispute as Annexure C-1 and email dated 13/11/2017 as Annexure C-2, the statement/instructions issued by FSSAI as Annexure C-3 to C-6, report of Institute of Agriculture and Natural Resources as Annexure C-7, report of National Institute of Diabetes and Digestive and Kidney Disease as Annexure C-8. Legal notice dated 30/11/2017 as Annexure C-9, purchase invoice dated 18/10/2017 has also been filed. The complainant has also filed the medical reports of his wife, Ms. Mumtaz which are of 17/09/2017, 10/10/2017 and 30/11/2017.
7. The notice of the present complaint was served upon OP, neither anyone appeared nor any reply was filed on their behalf. Hence, OP was proceeded Ex-parte vide order dated 13/08/2018. The bottle in dispute was also sent to the authorised laboratory. Lab report dated 10/09/2018 was received from Department of Food Safety, Govt of NCT of Delhi, A-20, Lawrence Road Industrial Area, Delhi.
8. Evidence by way of affidavit was filed by the complainant. The contents of the complaint have been reiterated and analysis report dated 10/09/2018 has been relied upon the documents annexed with the complaint.
9. We have heard the submissions made by the complainant, who is appearing in person and have perused the material placed on record. The complainant has alleged that the product manufactured by OP was contaminated and unfit for human consumption as it was infested with a Centipede. In support of his allegations the complainant has filed the photographs of the bottle (Annexure C-1). If we look at the said photographs it is evident that the content (juice) is contaminated with a Centipede.
10.  Even, as per the analysis report dated 10/09/2018 issued by Department of Food Safety, Govt of NCT of Delhi, A-20, Lawrence Road Industrial Area, Delhi.

 

 

It has been observed by the food analyst hereunder:

Sample description: Fresca Litchi Juice sample in sealed plastic bottle contained in sealed white cloth.

Physical appearance:White colour sample of Litchi Juice having one dead centipede lying the bottom of the juice bottle.

•            The sample was further examined after opening the seal of the bottle.  The contents filtered and  one dead centipede (Kaan Khajura) of approximately 2 Cm. In length was found.

11. Though, we will only consider the opinion of the lab analyst to the extent that the sample is unsafe because it contains one dead centipede. As far as opinion with respect to the total plate count and yeast and mould count is concerned, the same was sent for analysis after one year from the date of manufacturing i.e. 01/09/2017.
12.  Thus, the OP has not complied with the guidelines standard prescribed as per FSSAI, while manufacturing/processing/sale of the bottles. At the same time, the analysis report of a Government Department also supports the allegations of the complainant. As the OP has been proceeded ex-parte, the allegations made against them have remained un-rebutted. The act/omission on part of the OP has infringed consumer rights which assure protection against marketing of goods, products or services which are hazardous to life and safety when used, Thus, OP herein has offered for sale to public in contravention of standards relating to safety of such goods required to be complied with by or under any law for the time being in force. Hence, we are of the opinion that OP was deficient in services by making available for sale the contaminated bottle of juice in market, which is hazardous to the safety of the public.
13.  The allegations made by the complainant cannot be doubted, when the same are supported by the analysis report of the Government authorised laboratory.

Therefore, in the facts and circumstances of the present complaint we direct the OP to pay Rs. 50,000/- as compensation on account of deficiency in services along with Rs. 15,000/- on account of litigation expenses.

The order be complied within 30 days from the receipt of this order ,in case of non-compliance, OP shall be liable to pay interest  @9% p.a. on Rs.65,000/- (Rs.50,000/-+ Rs.10,000/-)  from the date of order till realisation. 

Office is directed to supply the copy of this order to the parties as per rules.  Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

(Harpreet Kaur Charya) Member

(Ashwani Kumar Mehta) Member

 

                            

                                      (Divya Jyoti Jaipuriar)

                                                           President