Orissa

Rayagada

CC/15/120

Dr. Anit k. Bharadwaj - Complainant(s)

Versus

The Amul Pure Ghee Manufactured by Mother Diary Bhat - Opp.Party(s)

Self

13 Dec 2017

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 120 / 2015.                                       Date.      13. 12   . 2017.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                          President

Sri GadadharaSahu,                                        Member.

Smt.PadmalayaMishra,.                                   Member

Dr. Anit  K.Bharadwaj   S/O: Kanchilal Bharadwaj,  AT: Therubali, Dist.Rayagada, State:  Odisha.             765 018.                                                …….Complainant

Vrs.

1.The Manager, Amul Pure Ghee, Manufactured  by  Mother  Diary a unit of  of C.C. N.N.F Ltd. , PO: Bhat, 382428 India.                                        

2. Marketed by  Gujarat  Co-Operative Milk Marketing Federation Ltd.,Anand 388 001

3. Majhi Gouri Enterprises, Rayagada 765 001, Whole sale distributor for Rayagada District.

4. Krishna Kirana Shop, The Retail seller  of the Product, Rayagada(Odisha).

                                                                                        .…..Opp.Parties

Counsel for the parties:                                 

For the complainant: - Self.

For the O.P. No. 1 & 2:- Written version sent through  postal service.

For the O.P No.3  :-Sri R.P.Mohapatra & Sri G.S.R.Choudhury, Advocates, Rayagada.

For the O.P. No.4:- Set exparte.                                            

                                                J u d g e m e n t.

         

          The  present dispute arises out of the complaint petition filed by the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for non payment of  suitable compensation. The brief facts of the case  has summarised here under.

          That the  complainant  is a doctor of Ayurvedic medicines  and he is having  his practice at Therubali under Rayagada  District.  The product in the grant name  of Amul Pure ghee manufactured by  the O.P. No.1   and marketed by the O.P. No.2 is in great use by  the  customers and for the purpose of  medicinal preparations and other  things the complainant used to  use and   and recommend the same to his  patients.  But to his utter surprise  it is noticed that the product  is not pure ghee and it is mixed with Dalda/Vegitable oil etc. and  it is not so pure as propogated by the O.P. No.1 and 2.  The complainant  has obtained  the amul pure ghee from the O.P. No.3 and 4 and out of two packets purchased by him one is used for different medicinal purpose and also for the daily diet etc.  The other packet having the  code No. 0/1214390/GAH3381 and it is not used by him and produced the same before the forum for the purpose of verification/examination by the concerned laboratory for confirmation of  its purity as propounded by the O.P. No.1 & 2. The above ghee may cause health hazardous to the general public and having high colostrol in it. The complainant also contacted with the company customer care No. 1800-258-3333 (toll free) but they refused to accept the protest, and not prepared to make any corrections  in the marketing mode of the said product. Hence this case direct the O.Ps to award suitable compensation to the complainant and such other  relief as the hon’ble forum deems fit and proper for the best interest of justice.

 

           

                The O.P. No.1 & 2 filed written version  in shape of postal service  refuting the allegations  made  by  the  complainant  in the above case. They submitted that  all Amul products are pure and free from any sort of adulteration.  The material allegations of the complainant  are not correct and is hereby denied. The complainant be put to strict proof of the same.  The above  proceedings   against the O.P. No.1 & 2  be dropped for the best  interest of justice.

 

                On  being noticed the O.P. No.3 appeared through their learned  counsel and filed Written version  inter alia submitted  that the above product  supplied by the Mother Diary, A unit of G.C.N.N.F.Ltd, Po:Bhat- 382428 India through its proper channel of marketing personnel.  The Amul pure Ghee is manufactured by the O.P. No.1  and being marketed by the O.P. No.2 and the   products  are in packaged  condition, which can not be tampered by the  O.P. No.3.  Therefore in the aforementioned case, the O.P. No.3 is in no way liable for  the manufacturing defects or deficiency in the product because O.P. No.3 who is being & seller (wholeseller) who sells the  products to the retailer in a packaged & sealed condition.    The above  proceedings   against the O.P. N o.3  be dropped for the best  interest of justice.

 

                The O.P. No. 4 did not appear pursuant to the  notice  and was proceeded  exparte. In view of justice as contemplated U/S- 13 (2) (b) (ii) of C.P. Act, 1986 as the statutory period  for filing  written version was over to close the case with in the time frame permitted by the C.P. Act.

The O.Ps  appeared and filed their written version. Heard arguments from  the O.Ps   and complainant .    Perused the record, documents, filed by both  the parties. 

            The learned counsels  for  the parties  have  vehemently advanced arguments touching the points both on the facts  as well as on  law.

                                                Findings .

            On the basis of the pleadings of the parties, the sole question of determination is  Whether  the complainant is entitled  to compensation claim made by him ?

          On perusal of the record it is revealed that after filing of the above case this forum had sent  the above Amul packet to the  Director, Testing Laboratory, Export Promotion & Marketing, Govt. of  Odisha, Industrial Department, Odisha, Cuttack vide Lr.No.374 Dt.8.5.2015.  In turn the Director, in their letter No. 297 DT. 10.3.2016 intimated  this laboratory is not approved   by the Food Safety and Standard Authority of India for testing of food items( copies of the above letter is enclosed in the file which is marked as Annexure-I.

Further the complainant  did not  prefer  to  send the same to  other laboratory to get   the opinion   and    not file  any  document to substantiate the same.   

            In the present case at hand, the complainant failed to produce any documents in support of his claim.  When material  facts  pleaded by the complainant in support of his claim have been denied by the  O.Ps. the complainant is duty bound   to substantiate his claim by producing relevant documents there for, but he has failed to do so.  On the basis of mere pleadings of the complainant, which is no evidence, no positive finding can be recorded in regard to his claim. Hence, we are constrained to hold that the petition made by the complainant vis-à-vis  non satisfaction of his compensation claim is  devoid of any merit. Further the  complainant miserably  failed to establish his claim before the forum 

       

Hence  to  meet the  ends of justice, the following order is passed.                                                                               ORDER.

.           In the resultant the complaint petition is  dismissed . Parties are left to bear their own cost. 

Dictated and corrected by me

Pronounced on this           13  ^h.   Day of  December,   2017.

 

 

 Member.                                                            Member.                                                              President