Orissa

Cuttak

CC/157/2023

Dr Sunil Kumar Rath - Complainant(s)

Versus

The Manager,Vishal Megamart - Opp.Party(s)

Self

29 Sep 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.157/2023

Dr. Sunil Kumar Rath,

S/o: Simanchal Rath,

Plot No.3C/876,Sector-10,

CDA,Cuttack-753014.                                                        ... Complainant.

          Vrs.

 

The Manager,

Vishal Mega Mart,Plot No.10-3 CM-1205,

Sector-10,Bidanasi Project Area,

Markat Nagar,Cuttack,

                   Dist:Cuttack,Pin-753014.                                                ,,,Opp.Party.

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    15.05.2023

Date of Order:  29.09.2023

 

For the complainant:           Self.

For the O.P.                :             Sri S.K.Barik(A/R).

         

Sri Debasish Nayak,President.                  

Case of the complainant as made out from the complaint petition in short is that he had purchased flax seed of 100 gms from the shop of the O.P on 12.5.2023 at about 6.12 P.M by virtue of bill no.8077750002104 amounting to Rs.40.50p but the said flax seed reflected in its cover that the product has already expired since 7.5.2023.  It is for this, the complainant has come up with this case before this Commission seeking refund of Rs.41/- which he had paid to the O.P alongwith a sum of Rs.1,00,000/- towards compensation for his mental agony and also seeks for his litigation expenses.  He has also prayed for any other reliefs as deemed fit and proper.

          The complainant has filed copies of several documents i.e. bill and photograph of the product etc alongwith his complaint petition in order to establish his case.

2.       The O.P has contested this case and has filed his written version wherein he has prayed that the case of the complainant is not maintainable which is liable to be dismissed.  The O.P through his written version has elaborated the paraphernalia as regards to removal of the expiry products from the shop house and has mentioned that he had no intention to sell any such expiry product.  The O.P has also urged upon the maxim “caveat emptor”. Accordingly, they have prayed for dismissal of the complaint petition as filed.

          The O.P has also filed copies of several documents in order to support his stand.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.P, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.P and if the O.P has practised any unfair trade ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.II.

Out of the three issues, issue no.ii  being the pertinent issue is taken up  first for consideration here in this case.

Admittedly, the complainant had visited the shop-room of the O.P and had purchased flax seed weighing 100 gms and had paid a sum of Rs.41/- towards its consideration on 12.5.2023 as per the copies of documents made available by the complainant alongwith his complaint petition show that the said flax seed he has purchased on 12.5.2023 had reflected on its cover that the product had expired since 7.5.2023 and the same is not disputed.  The O.P while advancing his arguments has tried to cling on some lame excuses and had tried to thrust the responsibility upon the complainant under the garb of the principles of “caveat emptor”.  But after the enactment of the C.P.Act,2019, such mechanism “caveat emptor” has no role to play rather by taking such plea it clearly indicates the motive of the O.P behind the same.  Hence, from the above discussions, it is quite clear that the O.P had sold expired flax seeds weighing 100 gms to the complainant on 12.5.23 and had received a sum of Rs.41/- from him which is quite unjustified and illegal as well.  Accordingly, this Commission is of opinion that the O.P was deficient in his service and has also practised unfair trade. This issue thus goes in favour of the complainant.

Issues no.i & iii.

From the discussions as made above, the case of the complainant is undoubtedly maintainable and the complainant is entitled to the reliefs as claimed by him.  Hence, it is so ordered;

                                              ORDER           

The case is allowed on contest against the O.P.  The O.P is directed to refund a sum of Rs.41/- to the complainant as taken towards the expired flax seed.  The O.P is also directed to pay a sum of Rs.1,00,000/- to the complainant towards compensation for his mental agony and harassment together with a sum of Rs.10,000/- towards the cost of his litigation.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 29^th day of   September,2023 under the seal and signature of this Commission.         

                                                                                              

                                                                                             Sri Debasish Nayak

                                                                                                        President

                     

                                                                                                       

                                                                                             Sri Sibananda Mohanty

                                                                                                          Member