1.                     The brief history of the case of the complainant is that he purchased 10 packets of Yippee noodles containing 35 grams each @ Rs.5/- from OP.1 on 09.12.2015on payment of Rs.50/- for consumption of his children but while opening one packet for preparation of food he saw that the noodles inside the packet is full of fungus and when he opened 2^nd and 3^rd packet he also found the noodles in the same condition as that of 1^st packet.  The complainant verified the packets and found that the manufacturing date is May, 2015 and its use is best before 9 months.  On contact, the OP.1 stated that he will take back the packets only after consulting the OP.2 and after a week the OP.1 stated that the OP.2 is not agreeing with.  It is further submitted that on contact with OP.2 he assured that the Company people will come and verify the product but till date nobody came.  Thus alleging spurious products supplied by the Ops, he filed this case praying the Forum to direct the Ops to refund Rs.50/- with interest @ 12% p.a. and to pay compensation to the complainant as directed by the Forum.

2.                     The OP.1 filed counter admitting the sale of 10 packets of Yippee noodles to the complainant on 09.12.15 for Rs.50/- but denied any defect in the noodles.  The OP contended that the complainant has never made any complaint to the OP regarding spurious noodles and in case of any defect noticed in the packet, it is the responsibility of Ops 2 & 3 to replace the same.  Thus denying any fault on its part, the OP prayed to dismiss the case of the complainant.

3.                     The OP No.2 though entered his appearance through his advocate, did not prefer to file counter.  The complainant has filed Money Receipt dt.09.12.15 for Rs.50/- issued by OP.1 in support of purchase of noodle packets.  Heard from the complainant in absence of Ops and perused the materials available on record.

4.                     In this case it is an admitted fact that the OP.1 has sold 10 packets of Yippee noodles to the complainant on 09.12.15 and has issued money receipt to that effect.  The case of the complainant is that while opening the packets to prepare noodles for consumption of his children, he found the noodles full of fungus and immediately informed the OP.1 to return the packets but in vain.

5.                     During admission of this case, the Forum wanted to know the authenticity of the allegations of the complainant and directed the complainant to open the rest of the packets of noodles.  The complainant opened the packets before the Forum in presence of his advocate and it was seen that the noodles are disfigured.  At some places it looks black and gives bad smell.  The packets were reserved till next date of positing.  None appeared for the Ops on the said date.  Hence it was ascertained that the food inside the packet was not fit for consumption.

6.                     In absence of active participation and counter by Ops 2 & 3, we lost opportunity to know anything from them.  The OP.3 being the manufacturer of the product should come forward to inspect the product through his experts but he did not do so.  Thus the allegations of the complainant remained unchallenged.  The OP.2 being the local distributor of the product has also not taken any action.  It was also the duty of OP.3 to investigate into the matter in order to know the veracity of the complaint and was to know in which circumstances the food inside the packet became spoil.  This inaction of OP.3 being the manufacturer has forced us to believe that he had pushed the spurious product to the market without any verification and inspection which amounts to unfair trade practice on its part.  Hence by purchasing the product of Ops the complainant suffered.  However, the complainant had not prepared noodles for consumption after seeing fungus and thereby saved his children from any untoward situation.  Hence the complainant is entitled to get refund of Rs.50/- with interest towards cost of the product.  Further due to such inaction of the Ops, the complainant must have suffered some mental agony but has not prayed for any compensation amount.  The complainant has also filed this case incurring some expenditure.  Considering the sufferings of the complainant we feel, a sum of Rs.5000/- towards compensation and costs in favour of the complainant will meet the ends of justice.

7.                     Hence ordered that the complaint petition is allowed in part and the OP.3 is directed to refund Rs.50/- towards cost of noodles with interest @ 12% p.a. from 09.12.2015 and to pay Rs.5000/- towards compensation and costs to the complainant within 30 days from the date of communication of this order. 

(to dict.)