BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Thursday the 22nd day of January , 2009
C.C.No. 159/08
Between:
Sri. B.V.R.Reddy, S/o. B.Thammi Reddy,
Resident of D.No.2-392, Thirumala Nagar,
Adoni-2. … Complainant
Versus
- The Manager, Marketing, Haldiram Foods International Limited,
880 H, 880 Haldiram House, Small Factory Area,
Nagpur-440 008.
2. Person Incharge, Apollo Pharmacy, (Apollo Hospitals Enterprises Limited)
D.No.20/29-2, Shop No. 9 and 10, V.B.S.Complex, V.B.S.Circle,
Adoni. … Opposite parties
This complaint is coming on this day for orders in the presence of Sri.M.Sumalatha , Advocate, for the complainant, and opposite parties are called absent set-exparte and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Smt. C.Preethi, Lady Member)
C.C.No.159/08
1. This consumer complaint of the complainant is filed U/S 11 and 12 of C.P.Act , 1986 seeking a direction on opposite parties to pay a sum of Rs.50,000/- as compensation for mental agony and Rs.2,000/- as costs of the case.
2. The brief facts of the complainants case is that the complainant purchased Sugarless Soanpapdi of low calories from opposite party No.2 manufactured by opposite party No. 1 for Rs. 50/-. The complainant is a diabetic patient and was happy to see the sugar less soanpapdi and consumed few pieces and after consumption his blood sugar level was increased. The printed wrapper notes that it is sugarless soanpapdi and contains low calories but actually contains 560 calories and this is the reason for increase of sugar level in complainants blood. Hence, the complainant approached Adoni Consumer Council to take appropriate action and the said council issued notice on 15-06-2008 and the opposite party No. 1 replied dated 15-06-2008 with false allegations stating that they are experimenting by giving soanpapdi to diabetic patients results is expected early, and as there after , there was no response from opposite party No. 1 and the complainant resorted to the forum for reliefs as there is defect in goods.
3. In spite of notice of this forum as to this case of the complainant, the opposite parties 1 and 2 remained absent through out the case proceedings and were made exparte.
4. The complainant in support of his case relied on the following documents viz., (1) office copy of notice dated 15-06-2008 of Adoni Consumer Council to opposite party No. 1 , (2) reply of opposite party No. 1 to Ex. A1 (3) cash bill dated 02-06-2008 , (4) office copy of notice dated 09-07-2008 , (5) office copy of notice dated 24-07-2008 , (6) blood examination report dated 31-05-2008 , (7) blood examination report dated 02-06-2008 and (8) prescription dated 02-06-2008 ,besides to the sworn affidavit of the complainant in reiteration of his complaint averments and the above documents are marked as Ex.A1 to Ex.A8 for its appreciation in this case .
5. Hence, the point for consideration is to what relief the complainant is entitled.
6. It is the case of the complainant that he is a diabetic patient and on seeing the sugarless low calories soanpapdi the complainant purchased the said soanpapdi from opposite party No. 2 on 02-06-2008 for Rs. 50/- vide Ex.A3 . The Ex.A3 is the cash bill issued by opposite party No. 2 as to purchase of Haldiram sugarless soanpapdi for Rs. 50/- by the complainant . The complainant consumed few pieces of said soanpapdi and his blood sugar levels increased. The Ex.A6 is the blood examination report dated 31-05-2008 of Hyderabad Clinical Lab dated 31-05-2008 issued to the complainant showing the blood sugar level as fasting 100 Mg% and post fasting 162 Mg% . The complainant after consuming the said soanpapdi got himself tested for blood sugar level, the Ex.A7 is the said report of blood examination dated 02-06-2008 of Hyderabad Clinical Lab issued to the complainant , where in , the blood sugar level fasting is 104 Mg% as post fasting 245 Mg% . After consuming said sugarless soanpapdi the blood sugar level of the complainants increased as per Ex.A6 and A7 and he has consulted a doctor by name Y. Gopinath and has taken treatment under him and the said doctor prescribed some medicines as per Ex.A8 prescription dated 02-06-2008 . Hence, from the above what appears is that the as per matter printed on the wrapper of soanpapdi as sugarless low calories soanpapdi manufactured by opposite party No. 1 is infact wrong and the same is misleading and it is not sugarless and low calories .
7. There after, the complainant approached consumer council, Adoni and got issued a notice to opposite party No. 1. The Ex.A1 is the said notice dated 15-06-2008 where in the same grievances as to the purchase of sugarless low calories soanpapdi by the complainant and on consuming the same blood sugar levels of the complainant increased and requests to give explanation. The opposite party No. 1 replied vide Ex.A2 dated 17-07-2008 stating that sugarfree soanpapdi fat % is more than regular soanpapdi because of that calories are more in sugarless soanpapdi and they have consulted a doctor and they are experimenting by giving the soanpapdi to diabetic and results are expected early. But there after as there was no response from the opposite party No. 1 the complainant got issued reminder notices to opposite party No. 1 vide Ex.A4 and Ex.A5 through consumer council , Adoni and there was no response from the opposite party No. 1 and approached the forum for reliefs .
8. The opposite party No. 1 in Ex.A2 admits that the calories in sugarless soanpapdi are more and they are still experimenting on the said soanpapdi , when they are still experimenting on the said soanpapdi the opposite party No. 1 has no right to sell the said soanpapdi in market. Hence, there is clear defect in the goods ( i.e, soanpapdi ) manufactured by the opposite party No. 1 and the opposite party No. 1 has to compensate it by paying compensation to the complainant .
9. Now the point is to what compensation the complainant is entitled to : The complainant in his complaint averments seeks for payment of Rs.50,000/- as compensation for mental agony and Rs.2,000/- as costs of litigation. But no cogent material is placed on record by the complainant substantiating the claim for Rs.50,000/- . Hence, in the circumstances of the case ordering payment of Rs.5,000/- as compensation for mental agony is reasonable , besides to Rs.1,000/- as costs of the case. As no cause of action is madeout against opposite party No. 2 case against opposite party No. 2 is dismissed.
10. In the result, the complaint is allowed directing the opposite party No. 1 to pay to the complainant Rs.5,000/- as compensation for mental agony and Rs.1,000/- as costs of the case within one month from the date of receipt of this order. In default the opposite party No. 1 shall pay the supra award with 12% interest from the date of default till realization.
Dictated to the stenographer, transcribed by her, corrected and pronounced
by us in the open bench on this the 22nd day of January , 2009.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Office copy of notice dated 15-06-2008 Adoni consumer Council to
OP.No.1.
Ex.A2. Reply of OP to Ex.A1.
Ex.A3. Cash bill dated 02-06-2008.
Ex.A4. Office copy of notice dated 09-07-2008.
Ex.A5. Office copy of notice dated 24-07-2008.
Ex.A6. Blood examination report dated 31-05-2008.
Ex.A7. Blood examination report dated 02-06-2008.
Ex.A8. Prescription dated 02-06-2008.
List of exhibits marked for the opposite parties: Nil
Sd/- Sd/-
MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on
