Tamil Nadu

North Chennai

CC/48/2015

Mr.Rajesh, S/o.Selvamani, - Complainant(s)

Versus

The Proprietor, M/s.Annai Foods Products(p) Ltd., - Opp.Party(s)

S.Arunachalam

08 Jun 2017

ORDER

 

                                                            Complaint presented on:  11.03.2015

                                                                Order pronounced on:  08.06.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

THURSDAY  THE 08^th  DAY OF JUNE 2017

 

C.C.NO.48/2015

 

Mr.Rajesh,

S/o.Selvamani,

No.7/3, Perumal Koil 1^st Street,

Korattur Agraharam,

Chennai – 600 076.

                                                                                    ….. Complainant

..Vs..

1. The Proprietor,

M/s. Annai Food Products Private Ltd.,

18, Thiru-Vi-Ka Street,

Sozhambedu Road,

Thirumullaivoyal, Chennai – 600 062.

 

2. The Manager (Proceesing and Packaging),

M/s. Muruhan & Co.,

No.7/1, V.O.C. Nagar Main Street,

Sozhambedu Road,

Thirumullaivoyal, Chennai – 600 062.

 

3. The Proprietor,

Annachi Enterprises Pvt. Ltd.,

No.5 & 6 TNHB Complex,

Anna Nagar West Extn, Chennai – 600 101.      

                                                                                                                                                                                                                 

                                                                                                                             .....Opposite Parties

Date of complaint                                 : 17.03.2015

Counsel for Complainant                      : M/s.S.Arunachalam, S.Selvaraj,

                                                                   G.Alagesan, S.Muthu Vairam, R.Balaji

 

Counsel for 1^st & 2^nd Opposite Parties     : M/s.P.S.Mohankumar

 

Counsel for 3^rd Opposite Party                       : Ex - Parte

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to pay a sum of Rs.5,00,000/-  towards compensation for the sufferings and mental agony and with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant purchased eatable items of 200 grams Seedless Dates  Brand name of ‘Annai Seedless Dates’ and parly 50 – 50  Biscuits pocket, in the departmental store of the 3^rd Opposite Party/ Annachi Enterprises Pvt., Ltd., on 03.12.2014 by paying cost of Rs.30/-. After two days on 05.12.2014 the Complainant opened the dates pocket and started eating, he tasted the dates with rotten smell and spit it. He also found in the packet with some big worms and small dead worms was  moving in it. After tasting the dates the Complainant felt vomiting and felt that he has lost all his energy and spent sleepless night with giddiness. The said product was manufactured by the 1^st Opposite Party and packed by the 2^nd Opposite Party. As per the printing in the lot number AN A.02 on 10.09.2014 and the same be usable for four months from the date of  packing i.e 10.09.2014 to 09.01.2015.

          2. The Complainant purchased the date’s packet one month prior to the expiry date and even then he found worms and germs in it and unfit for consumption. If he had been consumed and swallowed it, he would have been admitted in a hospital for food poison. The Opposite Party 1 & 2 printed in the pack survey by the ISO. However, the product is unfit for consumption and selling such a product is negligence on  the part of the Opposite Parties and committed unfair trade practice.

          3. The Complainant sent legal notice dated 11.12.2014 and the Opposite Parties 1 & 2 has replied for the same and however the 3^rd Opposite Party has not responded for the notice. The Complainant also sent complaints to Commissioner of food and safety and Deputy Commissioner for health. Therefore the Opposite Parties have committed Deficiency in Service and hence the Complainant filed this Complaint to direct the Opposite Parties to pay a sum of Rs.5,00,000/-  towards compensation for the sufferings and mental agony to the Complainant and with cost of the Complaint.

4.WRITTEN VERSION OF THE 1^st & 2^nd OPPOSITE PARTIES IN BRIEF:

          The Opposite Parties being in the field of supplying healthy foods was taking utmost care and precaution and was delivering the food products only which are in a good manner and hence the dates supplied by the Opposite Parties 1 & 2 are good and hygienic and not as stated by the Complainant. The laboratory to which the sample have been sent have submitted a report before this Hon’ble Forum stating that the sample given by the Complainant is not a fit one for examination and returned the same, which shows that the Complainant submitted dates for sample which was not in the actual one. The report submitted by the laboratory clearly shows that there is no fault on the part of the Opposite Parties 1 & 2, on supplying unhealthy food and on the other hand the intention of the Complainant is by filing some Complaint with baseless allegation against the Opposite Parties and to get money from them by way of compensation and to spoil the good name and reputation of the Opposite Parties 1 & 2. The Opposite Parties 1 & 2 did not supply dates which is unhygienic and on the other hand the Complainant has given sample of the dates which is not the actual one. The Complainant had not filed any proof that he was admitted in the hospital for food poison. Hence the Opposite Party has not committed any Deficiency in Service and prays to dismiss the Complaint with costs.

5. POINTS FOR CONSIDERATION:

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

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1 

          The facts which are not in disputes are that the  1^st Opposite Party M/s  Annai Food Product Pvt. Ltd., is the manufacturer and the marketer and the 2^nd Opposite Party being processor and packer all their food products and the 3^rd Opposite Party/Seller is selling various Food Products  in the name of  Annachi Enterprises Pvt. Ltd., and the Complainant on 03.12.2014 purchased 200 grams Annai Seedless Dates and parle 50 – 50 Biscuits pocket on payment of valuable consideration under Ex.A1  receipt issued by the 3^rd Opposite Party.

 

          7. The case of the Complainant is that after purchasing Annai Seeds Dates and after two days on 05.12.2014 he opened the pocket and started to eat, he realized the taste and with bad smell and also he found the traces of small dead worms and big worms moving in it and though the product can be used for four months as per the date of packing from 10.09.2014 to 09.01.2014 prior to one month before itself. The dates became unfit for consumption and thereafter after issuing Ex.A2 legal notice to the Opposite Parties and also sent Ex.A3, Ex.A4 complaints to various authorities and then he had filed this Complaint before this Forum on 03.12.2014 and the practice of selling such a unhygienic and unfit eatables items by the 3^rd Opposite Party and also the said product was manufactured and processed and packed by the Opposite Parties 1 & 2 respectively are all committed unfair trade practice and thereby committed Deficiency in Service.

          8. The Opposite Party 1 & 2 would contend that they were taking utmost care and precaution in packing the foods product and deliver the same in good manner and further the lab report states that the sample given by the Complainant is not in a fit one for examination and the laboratory had not given any opinion about the sample against them and therefore they have not committed any Deficiency in Service.

          9. The Complainant would state that printing found in the dates pack is that the lot No. AN A.02 on 10.09.2014 and to use before four months from the date of packing. Therefore the date of packing is on 10.09.2014 and it can be used for four months till 09.01.2015. The Complainant opened the pack on 05.12.2014 would states that the product contains worms and germs. However, the Complainant did not file the Complaint immediately before this Forum. He filed the Complaint only on 16.02.2015 after more than one month  from the date of expiry date (09.01.2015) printed in the product wrapper.  Normally after expiry period the product will get deteriorated. After two months of the filing of the Complainant only on 11.03.2015 the Complainant filed a petition in CMP.No.64/15 to send the dates pocket for analysis. The said sample was sent to King Institute, Guindy and the Food Analysis Laboratory Analyzed the sample and the report reads as follows:

REPORT:

        The sample was received on 22.07.2015 and on Microbiological Examination found to be highly decomposed  stage with total fungal – spores with appearance of blackish powder. Hence with this decomposed state further chemical analysis could not be carried out. Hence Unfit for Analysis.

 In their report it has been stated that the sample found in highly decomposed stage with appearance of blackish powder and further the sample is unfit for analysis. So, the sample is found at the time of analysis only in the powder form. The sample is in the powder form and the analyst said that the sample is unfit for analysis. The sample is unfit for analysis, it cannot be said what kind of sample sent for analysis.    There is no explanation on the part of the Complainant that why he had filed the Complaint after one year of the purchase of the product, even though he had found that immediate to the purchase of the product he had seen the worms and germs in the product. Therefore, we conclude that the Complainant has not proved the deficiency on the part of the Opposite Parties through Ex.C1, Analyst report and therefore, it is held that the Opposite Parties 1 to 3 have not committed any Deficiency in Service.

 

 

10. POINT NO:2

Since the Opposite Parties have not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 08^th   day of June 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 03.12.2014                   Cash Bill issued by the 3^rd Opposite Party

Ex.A2 dated 11.12.2014                   Legal notice sent by the Complainant to the

                                                    Opposite Parties with Acknowledgement

 

Ex.A3 dated 12.12.2014                   Complaint to the commissioner of Food and Safety

                                                    by the Complainant with Acknowledgement

 

Ex.A4 dated 12.12.2014                   Complaint to the Deputy Commissioner, Chennai

                                                    Corporation by the Complainants with

                                                    Acknowledgement

 

Ex.A5 dated 22.12.2014                   Reply notice by the 1^st & 2^nd Opposite Parties

 

Ex.A6 dated 08.01.2015                   Information sought under RTI from Commissioner

                                                    of Food and Safety by the Complainant with

                                                    Acknowledgement

 

 

 

Ex.A7 dated 08.01.2015                   Information sought in RTI from Deputy

                                                   Commissioner, Chennai Corporation by the

                                                   Complainant with Acknowledgement

 

Ex.A8 dated 30.01.2015                   Letter from the Commissioner food & safety to the

                                                    Complainant

 

 

LIST OF DOCUMENTS FILED BY THE  1^st & 2^nd OPPOSITE PARTIES :

 

                                                …….. NIL …….

 

LIST OF COURT DOCUMENT:

 

Ex.C1 dated 08.09.2015                   Certificate Analysis

 

 

 

 

MEMBER – II                                                               PRESIDENT