Punjab

Ludhiana

CC/19/110

Bharpoor Singh - Complainant(s)

Versus

Surya Food and Agro Ltd. - Opp.Party(s)

Gurpreet Singh

19 Jul 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

Consumer Complaint No. : 110 of 21.02.2019

   Date of Decision       : 19.07.2019

Bharpoor Singh, aged about 34 years son of Faquir Singh resident of village Ranguwal, P.S.Jodhan, Tehsil and District Ludhiana.

….. Complainant

Versus

1.Surya Food & Agro Limited, D-1, Sector-2, Noida, (U.P.)-201301 through its Director/M.Ds./Authorized person.

2.Raju Karyana Store, Village Ranguwal, District Ludhiana, through its Proprietor/Partner.

…Opposite parties

 

          (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

SH.G.K.DHIR, PRESIDENT

MS.JYOTSNA THATAI, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         In person with Sh.Gurpreet Singh Grewal, Advocate

For OPs                         :         Ex-parte

 

PER G.K DHIR, PRESIDENT 

1.                          Complainant, a Gursikh and Amritdhari person, purchased one Butter Bite biscuit of Priyagold from OP2, the authorized agent of manufacturer i.e. Op1, on 16.12.2018. Thereafter, when one of the packets of biscuit opened at house by the complainant for consumption purpose, then one mini-cigar came in the mouth of complainant from the said biscuit. Children of complainant were already lying ill and complainant had been getting medical treatment provided to them. Due to negligent acts and conducts of Ops, religious feelings of complainant has been hurt. Immense mental agony and torture caused to the complainant, due to the above said deficient acts of Ops and that is why, this complaint filed for seeking compensation of Rs.5 lac for the mental harassment and suffering along with litigation expenses of Rs.15,000/-.

2.                OPs are ex-parte in this case.

3.                Complainant to prove his case tendered in ex-parte evidence his affidavit Ex.CA along with documents Ex.C1 to Ex.C6 and thereafter, his counsel closed the evidence.

4.                Written arguments not submitted, but oral arguments alone addressed by counsel for complainant and those were heard. Records gone through minutely. 

5.                Purchase of butter bite biscuit by the complainant from OP2 is established from the produced bill’s copy Ex.C3 dated 16.12.2018. In fact, five packets of biscuits were purchased by paying Rs.100/- as per contents of Ex.C3.

6.                Ex.C2 is the document showing as if son of complainant namely Master Gurnoor Singh got treatment during period from 21.05.2016 to 24.05.2016 and that record is not much relevant like that of copy of Aadhar Card of complainant produced on record as Ex.C1.

7.                As per case of complainant, when biscuit packet in question opened after taking at house, then on having bite, it was found as if there is a piece of          Bidi(Cigar) in one of those biscuits. Though. When sealed parcel Ex.C6 of packet is opened today, it was clearly visible that one of the biscuit contained in this packet has a bidi piece      studded in the layer of fibre of this biscuit. Perusal of wrapper further shows as if this biscuit packet manufactured by OP1 and as such, it is obvious that packet of biscuit manufactured by OP1, as purchased by the complainant from OP2, is having a piece of bidi in this eatable product. Such packet of biscuit may come in the hands of Gursikh  or non-Gursikh,healthy and sick, but consumption of such biscuit containing a piece of bidi, certainly will be health hazardous. Complainant came to know about containing of piece of bidi in one of the biscuits, when he took a bite. Had complainant not noticed the same, then bidi piece may have been inhaled by him causing health problem. Moreover, statutory warning always is contained on packets of bidis/cigarettes that consumption of same is injurious to health. If such statutory warning always printed on the label of bidi/cigarette, then certainly it is known to each and every one including manufacturer (OP1) and its employees that eatable products like biscuit must not contains a piece of bidi. Due precaution in preparation of biscuit packet in question, produced in container Ex.C6, is not taken in this case by OP1 or its employees and as such, on account of health hazardous nature of extraneous particle (bidi) found in one of the biscuits, it is obvious that complainant and his   family members suffered lot of mental tension, agony and harassment. Sale of spurious/adulterated product stand on same footing as is sale of eatable product containing health hazardous foreign particle and as such, it is fit and appropriate to allow some  hefty amount of compensation, so that the manufacture of eatables may learn a lesson of not repeating such mistake, like the one committed in this case by OP1. OP2 just sold the product i.e. biscuit packet in the intact condition after receiving through the distributor of OP1 and as such OP2 could not have known that packet of biscuit sold by him to the complainant contains health hazardous article. As the    sealed packet contains inscription of OP1 as manufacturer alongwith ingredients       and as such fault exclusively lay with the manufacturer in                                       selling such spurious product. Being so, the liability remains of OP1 in paying the amount of compensation and litigation expenses and not of OP2. Complaint against OP2 as such merits dismissal.

8.                Container Ex.C6 ordered to be retained in sealed manner by the office till expiry of period of limitation of appeal/revision and further as may be ordered by the Appellate/Revisional Forum.

9.                Therefore, as a sequel of the above discussion, complaint allowed ex-parte against OP1 in terms that OP1 will pay compensation for mental agony and harassment etc., of Rs.1,00,000/- (Rupees One Lac only). Litigation expenses of Rs.5,000/- (Rupees Five Thousand only) more allowed in favour of complainant and against OP1. Complaint against OP2 dismissed. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of copy of order. Copy of order be supplied to parties free of costs as per rules.

10.                        File be indexed and consigned to record room.

 

 (Jyotsna Thatai)                                               (G.K.Dhir)

 Member                                                     President

Announced in Open Forum

Dated:19.07.2019

Gurpreet Sharma.