CONSUMER DISPUTES REDRESSAL FORUM

PALAKKAD, KERALA

Dated this the 29^th day of December, 2012.

Present: Smt. Seena. H, President

: Smt. Preetha. G. Nair, Member

: Smt. Bhanumathi. A.K, Member Date of filing: 16/08/2012

CC /156/2012

A. Prabhakaran,

S/o. Appu (late), - Complainant

Vrindhavan house,

Kooliyode, Elapully,

Palakkad – 678 622

(BY ADV. C.B. Anand)

Vs

1. The Managing Director,

Lion Dates Impex Pvt. Ltd.,

27/3 Cauvery Road, - Opposite parties

Trichy , Tamilnadu – 620 002.

(BY ADV. K. Krishnakumar)

2. Mr. Kamarudheen,

General Merchant

Para, Elappully (P.O),

Palakkad – 678 622

(BY ADV. C.G. Hari)

O R D E R

BY SMT. BHANUMATHI. A.K, MEMBER

Facts of the complaint is as follows :-

The complainant has purchased 3 packets of seedless dates from 2^nd opposite party which is imported and packed by 1^st opposite party on 11.08.2012. It is written on the packet that “ best before 4 months from packaging. The complainant believed this, as the 1^st opposite party is an ISO9001:2008 certified company. On 12/08/2012 the complainant went to his daughter's school and opened the packet for giving dates to his daughter. They have also shared something with her friends. After eating a small portion, the daughter of the complainant vomited. Doctor enquired about the food they have eaten and asked to bring the balance quantity of dates. When he investigated the dates it is found that small worms and black insects in the dates. As it was sunday the complainant contacted the company on 13/08/2012. The Marketing manager of the company admitted that this happens often and nobody cares about it. The above incident caused physical hardships and mental agony to the complainant. So the complainant seeking an order directing the opposite parties to pay an amount of Rs. 75,000/- as compensation for mental agony and cost of the proceedings.

Both opposite parties entered appearance. 1^st opposite party filed version with the following contentions. 2^nd opposite party has not filed any version.

1^st opposite party is a ISO 9001-2008 certified company. 1^st opposite party is taking due care and attention while packing and distribution. Due to natural process even after due care small worms and insects are seen in the dates. Nothing has to be done in such incidents. Company is not responsible for such natural process. There is no negligence on the part of the company. The marketing manager had already consulted the complainant and convinced the fact. 1^st opposite party prays for the dismissal of the complaint.

Complainant filed chief affidavit and Ext. A1 to A3 marked. Opposite party has not filed any affidavit. Complainant was cross examined as PW1.

Issues to be considered are:-

1. Whether there is deficiency of service on the part of opposite parties ?

2. If so what is the relief and cost ?

Issues 1 &2

In this complaint the complainant has purchased 3 packets of seedless dates imported and packed by 1^st opposite party from the 2^nd opposite party on 11/08/2012. The complainant opened one packet on 12/08/2012 and complainant and his daughter ate a small quantity of dates. The daughter of the complainant vomitted and she has been taken to the hospital. On investigation some insects are found in the dates.

1^st opposite party more or less admitted the problem of the complainant regarding the presence of the insects in the dates. In their version it is stated that the company is taking due care and attention while packing and distribution. Due to natural process, even after due care small insects are seen in the dates.

It is true that 1^st opposite party is giving advertisement about this product through public medias. Such incidents are not expected from such a well reputed company. Ext. A2, certificate of examination from Regional Analytical Laboratory kozhikode, dtd. 24/08/2012 shows that living insects and larvaa- are present. Report also states that the foreign matter, synthetic food colour, dead insects and fragments are absent. At the time of cross-examination the complainant deposed that the lab examination was held within the period itself. Ext. A3, the receipt, shows that the complainant has paid an amount of Rs. 1124/- to the Regional Analytical Laboratory as fee for analysing the dates. Eventhough the 1^st opposite party is not adding any foreign matter to the dates the insects and larvaas which were present in the dates are harmful to the human health. In Ext. A2 document it is stated as remarks; “not satisfactory since the sample contains living larvaa and insects. Hence it is sub-standard under section 3(1) (2x) of F.S.S. Act, 2006”.

In the result complaint allowed. Opposite parties are jointly and severally directed to pay an amount of Rs. 4,000/- ( Rupees Four thousand only) to the complainant as compensation for mental agony along with Rs. 1,000/- (Rupees one thousand only) as cost of the proceedings.

Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.

Pronounced in the open court on this the 29 ^th day of December, 2012

Sd/-

Smt. Seena. H

President

Sd/-

Smt. Preetha.G.Nair

Member

Sd/-

Smt. Bhanumathi.A.K

Member

A P P E N D I X

Exhibits marked on the side of complainant

Ext. A1– Copy of labels sticked on the Lion Dates bottles.

Ext. A2- Certificate of Analytical Laboratory Kozhikode, dtd. 22/08/12.

Ext. A3 – Chalan receipt.

Exhibits marked on the side of opposite party

Nil

Witness examined on the side of complainant

PW1 – A. Prabhakaran

Witness examined on the side of opposite party

Nil

Cost allowed

Rs. 1000/- ( Rupees one thousand only) as cost of the proceedings.