Tamil Nadu

North Chennai

CC/47/2018

K.Guruprasad - Complainant(s)

Versus

Sri Padmavathi Associates,Departmental store Rep by the Manager - Opp.Party(s)

E.Venugopal

08 Nov 2022

ORDER

                                                                   Complaint presented on:13.03.2018                                                                      Date of disposal            :08.11.2022

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

PRESENT: THIRU. G.VINOBHA, M.A., B.L.                            : PRESIDENT

                   TMT. KAVITHA KANNAN,M.E.,                             : MEMBER-1

                                THIRU V. RAMAMURTHY, B.A.B.L., PGDLA     : MEMBER II

 

C.C. No.47/2018

 

DATED THIS TUESDAY THE 08^TH DAY OF NOVEMBER 2022

 

K.Guruprasad, M/19 years,

Residing at No.20,

M.C.M. Garden, 3^rd Lane,

Old Washermenpet, Chennai-600 021.

1.  

Sri Padmavathi Associates,

Departmental Stores,

Rep by The Manager,

No.27/13, Balu Mudali Street,

    Old Washermenpet, Chennai-600 021

                                                          ….     Opposite Party

 

Counsel for the complainant                      :M/s.E.Venugopal and 2 others.

 

Counsel for the opposite party                :M/s.S.Gurumoorthy and 1 other

 

 

 

 

 

 

ORDER

THIRU. G.VINOBHA, M.A., B.L.    : PRESIDENT     

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying this commission to pay compensation to tender unconditional apology for having sold expired two minutes maid pulpy orange fully pet bottle for sum of Rs.60/- sold on 15.02.2018 and also to pay a sum of Rs.100000/- as liquidated damages for unfair trade practice, substandard service and mental agony caused to the complainant and to pay cost of this complaint.

1.THE COMPLAINT IN BRIEF:

          The complainant submitted that on 15.02.2018 the complainant purchased beverage and snacks for sum of Rs.197/- and he returning his home and shocked to see the product of one name is “Minute Maid Pulpy Mosambi” best before four and half months from the date of manufacturing on 21.09.2017. The total expiry dates of the product is 148 days, the actual expiry date is 04.02.2018. The complainant stated that the opposite party sold the expiry beverage product of Minute Pulpy Orange is substandard service and the complainant sustained mental agony and it is clear that the opposite party not only cheated the complainant but also practiced unfair trade practice by sold the expired product to the complainant. The complainant sent a legal notice on 22.02.2018, but the opposite party neither replied nor complied. Hence the complaint.  

2.WRITTEN VERSION FILED BY THE OPPOSITE PARTY IN BRIEF:-

          The opposite parties deny allegations made in the complaint except those that are specifically admitter hereunder and put the complainant to strict proof of the same.  The opposite party submitted that the impugned products expiry date including the manufacturing date shall be printed on face of the pet bottle of the products. The opposite party submitted that the “Minute Maid Pulpy Orange” pet bottle, without furnished any evidence date of manufacture, date of expiry, batch number, weight of the product to ascertain such purchase made from the opposite party.  Moreover the babbling of the complainant about the sustenance of loss sustained by complainant. The opposite party submitted that the complainant might have raised the matter of expiry in products immediately once after the purchase and before leaving the departmental store of the opposite party, the opposite party may be replaced if any, either with the new one or repayment for such product from the bill which obviously proves the complainant had not purchased the impugned expiry products from the opposite party. Further submitted that the complainant had not purchased the disputed expiry products from the opposite party. The complainant is of ulterior motives to extract huge money from the opposite party. Hence there was no unfair trade practice as alleged in the complainant.

3. POINTS FOR CONSIDERATION:

1. Whether there is unfair trade practice on the part of opposite party as alleged in the complaint?

2. Whether the complainant is entitled for the reliefs prayed in the complaint.     If, so to what extent?

The complainant has filed written argument, proof affidavit as their evidence and documents Ex.A1 to Ex.A3 are marked on their side.The opposite party have filed proof affidavit and documents Ex.B1 and B2 were marked on his side. 4.Point No.1.

          It is alleged in the complaint that the complainant had purchased Beverages and snacks on 15.02.2018 from the opposite party spent Rs.197/- and the bill issued by opposite party which is marked as Ex.A1.  The minute maid pulpy orange pet bottle 2 no’s for a sum of Rs.60 is among the beverages purchased by the complainant and alleged that the same was expired product. The product was manufactured on 21.09.2017 and the date of expiry is mentioned as “Best before 4 ½ months from the date of manufacturing’  the complainant purchased the product on 15.02.2018 which is after the expiry period therefore the complainant alleged that by selling expiry product opposite party has indulged in unfair trade practice and caused mental agony to complainant.  The complainant had sent legal notice to opposite party on 22.02.2018 and the same was marked as Ex.A2 and A3, the opposite party has neither replied nor complied. 

          5. On the other hand the opposite party denied allegations made by the complainant about the impugned order products are baseless and frivolous.  The opposite party claims that the complaint has been made without any mandatory evidences namely date of manufactured, date of expiry, batch no., weight of product etc., to ascertain such purchase was made from the opposite party.  The opposite party claims that he might have raised the matter of expiry immediately after purchase before leaving opposite party premises so that the opposite party should have replaced or refunded the amount.  By not doing this, it obviously proves that the complainant had not purchased the impugned expired products from the opposite party.  The opposite party contents that complainant had not purchased this disputed products from the opposite party and this baseless and frivolous complaint was filed with ulterior motive to extract huge money from the opposite party.  The opposite party further claims that they promptly replied to the legal notice on 09.03.2018 which was acknowledged by the complainant counsel and the same are marked as Ex.B1 and B2.

          6. On perusal documents filed by both parties it is observed that the complainant had purchased some beverages and snacks from the opposite party it is noted from the Ex.A1 in the invoice though there is a provision for customer name but it was issued without any customer name.  The complainant claimed that he has very good relationship with opposite party in such a case the customers name could have reflected the invoice.  Therefore, the opposite party questions the validity of the invoice and contends that complainant has not purchased this disputed expiry products from the opposite party.  Hence, it is concluded that complainant has failed to establish that the impugned the product was purchased by the complainant from the opposite party.

          7. The complainant alleged that the impugned product was expired and thus opposite party has indulged in unfair trade practice.  The complainant in his averments has mentioned the details of the product name, code, date of manufacturing, time of manufacturing, net quantity, MRP and date of expiry but failed to produce any documents to prove his averments, the opposite party on the otherhand contends that in the absence of any material evidence it cannot be ascertained that the impugned product was purchased from the opposite party in view of above observations the contends of the complainant that opposite party has sold expired product and indulged in unfair trade practice is not maintainable further the complainant failed to file the cover or wrapper of the alleged expired product before this commission to prove the date of manufacturing, expiry and batch number of the product. 

          8. The complainant contends that the opposite party has failed to reply or comply the legal notice issued by the complainant as per Ex.A2.  Whereas the opposite party in his averment claims that they had replied the legal notice issued by the complainant which was acknowledged by the complainant counsel as Ex.B1 and B2 therefore the contention of the complainant failed to respond or complied legal notice is not maintainable, based on the above this commission is of the considered view that complainant has failed to prove that opposite party has sold expired product and indulged in unfair trade practice so there is no unfair trade practice, substandard service on the part of opposite party.  Therefore the complainant is not entitled for seeking unconditional apology, compensation as prayed in complaint. Point No.1 is answered accordingly.

9. Point No.2:-

          Based on findings given to the Point.No.1 since the complainant failed to prove the unfair trade practice by the Opposite party, the complainant is not entitled for seeking unconditional apology and compensation as claimed in the complaint.  Point no.2 answered accordingly.

                   In the result, the complaint is dismissed. No costs.     

          Dictated  by the President to the Steno-Typist taken down, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 08^th  day of November 2022.

 

MEMBER – I                   MEMBER II                      PRESIDENT

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE COMPLAINANT:

Ex.A1	15.02.2018	Bill issued by the opposite party.
Ex.A2	22.02.2018	Legal notice.
Ex.A3	23.02.2018	Acknowledgement card.

 

LIST OF DOCUMENTS MARKED ON THE SIDE OF THE OPPOSITE PARTY:

Ex.B1	09.03.2018	Legal notice to complainant counsel.
Ex.B2		Acknowledgement card.

 

 

MEMBER – I                            MEMBER II                       PRESIDENT