Date of filing: 01.11.2017                                                                     Date of disposal: 10.04.2019

Complainant:              Sri Buddhadeb Roy, S/o. Kangal Krishna Roy, Village: Rayanagar & Post Office: Sri Polly, Police Station: Burdwan, District: Burdwan.

- V E R S U S –

Opposite Party:           1. “Haribansha”, The Manager, Office At Police Line, Post Office: Sri Polly, Police Station: Burdwan, District: Burdwan.

                                    2. Priya Food Products Ltd., The Director, Office Address at: S.M. Bose Road, Agarpara, Kolkata-700109.

                                    3. Priya Food Products Ltd., The Director, Office Address at P.O. Simla,  Delhi Road, Sreerampore, Hoogly-712203.

Present:

           Hon’ble President: Smt. Jayanti Maitra (Ray).

Hon’ble Member: Smt. Nivedita Ghosh.

Hon’ble Member: Dr. Tapan Kumar Tripathy.

Appeared for the Complainant:                      Ld. Advocate, Jayanta Koner.

Appeared for the Opposite Party No. 1:         Ld. Advocate, Sayantan Som.

Appeared for the Opposite Party No. 2 & 3:  Ld. Advocate, Arun Kumar Agarwal.

J U D G E M E N T

This is a case of under Section 12 of the C.P Act, 1986 alleging deficiency in service and unfair trade practice against the Ops for selling damaged biscuit packet to the complainant.

The complainant’s case in short is that he purchased one packet Priya biscuit from O.P. No.1 and paid Rs.25/- on 25.07.2017. When he came home he noticed so many biscuits were damaged and also saw black spot on a biscuits. The complainant went back to the O.P. No.1 and stated the condition & the O.P. No.1 advised him to talk to O.P. No.2. But they were not able to satisfy him. After that the complainant, for several times, visited the O.Ps office but they did not turn up and only killed time.  On 08.09.2017, the complainant again went to the office of O.P. No.1, but they refused to solve the problem.   

The prayer of the complainant is to pay Rs. 80,000=00 for adopting unfair purpose by the O.Ps, Rs.30,000=00 for deficiency in service by the O.Ps & Rs.50,000=00 for loss of health.

Amongst the O.P. Nos.1, 2 & 3, only O.P. No.1 contested the case by filing Written Version. Though the notices were served upon the O.P. Nos.2 & 3 but they did not appear to contest the case by filing written version. So, the case is heard ex parte against the O.P. Nos.2 & 3.

The O.P. No.1 has denied all the material allegations made by the complainant in the petition of complaint. The case of the O.P. No.1 is that there is neither Dealership Agreement between the manufacturer of PRIYA FOOD PRODUCTS and the O.P. No.1 nor any other agreement between the said manufacturer and the O.P. No.1. The O.P. No.1 is a very reputed and famous grocery shop of the Burdwan town and this shop is running business within the town since last so many decades. The O.P. No.1 purchased Priya biscuits from the authorized Dealer of the manufacturer company as per its demand. The authorized Dealer of Priya biscuits regularly took the responsibilities to supply the Priya biscuits to the shop of the O.P. No.1. The photocopy of the bill of this OP as enclosed and served to this OP along with the complaint is completely illegible. There are so many shops in or around the town and elsewhere who sell Priya products. However, even assuming that the OP did purchase the article from the shop of this OP, the complainant did not make any complaint at the time of purchase. Had there been anything noticeable from outside ought to have been noticed by the complainant himself and reported at that very time. The complainant has wrongly impleaded this O.P and there is nothing for which a proceeding under C. P. Act could be initiated.

                                                -: Decision with Reasons :-

The Forum has gone through all the documents supplied by both parties. The documents submitted by the complainant are insufficient to prove that there is any deficiency in service or unfair trade practice on the part of the O.Ps. As the complainant has failed to substantiate his allegation against the O.Ps with cogent documents, this Forum is of the opinion that the case should be dismissed.

Hence, it is

O r d e r e d

that the present Consumer Complaint being No. 221/2017 be and the same is dismissed on contest against the O.Ps without any cost.

Let the plain copies of this order be supplied to the parties free of cost as per provisions of law.

Dictated & Corrected by me:                                                   (Jayanti Maitra (Ray)

                                                                                                                 President

      (Tapan Kumar Tripathy)                                             D.C.D.R.F., Purba Bardhaman

                 Member

  D.C.D.R.F., Purba Bardhaman

                                     (Tapan Kumar Tripathy)                        (Nivedita Ghosh)

                                                 Member                                               Member

                                     D.C.D.R.F., Purba Bardhaman         D.C.D.R.F., Purba Bardhaman