DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD

Dated this the 27^th   day of  June, 2022

Present  :  Sri.Vinay Menon V., President        

             :   Smt.Vidya.A., Member

             :   Sri. Krishnankutty.N.K.,Member             

    Date of filing: 28/12/2020

                                              CC/167/2020

    A.Shibu,                                                         -               Complainant

    S/o Vijayan, Karakkaparambu House,

    Chittilancheri Post,Palakkad- 678 708.

    (By Adv.P.Sithin)

                                                          Vs

    1. The Proprietor,

        Laya Bakery,Valiya Kozhipadam,    -             Opposite Parties

        Chittilencherry,Palakkad.

        (Exparte)

    2. M/s Haldiram Foods International Pvt Ltd,

        KCH No.25/2,25/3,25/4,Village Kapsi,

        The Kamptee,Bhandara Road,

         Nagpur- 440 035. Maharashtra.

        (Exparte)

    3. M/s Haldiram Foods International Pvt Ltd,

        KCH No.25/2,25/3,25/4,Village Kapsi,

        The Kamptee,Bhandara Road,

         Nagpur- 440 035. Maharashtra.

         Represented by its Managing Director,Manager or

         Authorised Signatory.

        (Exparte)

     4. The Manager,

         Haldiram Foods International Pvt.Ltd,

         Corporate Office at 145,146,

         Old Pardi Naka,Bhandra Road,

         Nagpur- 440 035.

        (Exparte)

O R D E R

By Sri. Krishnankutty.N.K.,Member            

Pleadings of the complaint

1.       The complainant purchased a packet of Soan Papadi, a product of Haldiram, from a retail shop “Laya Bakery” situated at Valiya Kozhipadam,Chittilanchery,Palakkad District on 10/08/2020. The Batch number printed on the said packet is 20/10/183(MJ). The allegation is that his tooth was broken followed by heavy bleeding from mouth when he consumed the sona papdi because of a small piece of steel pin present in it. He had to consult a doctor at ‘D Care’ , Multi speciality Dental Clinic and took treatment. The complainant’s contention is that the sona papdi with the above mentioned  batch number might have reached the market without properly following the guidelines of Food Supplies and Standards Act, 2006. The complainant caused issuance of  a lawyer’s notice to the opposite party 2 through his counsel. Adv.P.Sithin on 07/09/2020 for settling the matter amicably . The opposite party replied to the notice through their counsel denying the allegation and also with a whisper of threat of retaliation if any legal action is initiated by the complainant.

                   The complainant has sought Rs.200,000/- as consolidated damages for the deficiency in service committed by the opposite parties towards the complainant and  Rs.15000/- towards litigation charges.

2.       Notices were issued, to the opposite parties, but they failed to  enter appearance, and hence  were set exparte.

3.       The complainant filed Proof Affidavit along with Exhibits A1-A5, A4 being a CD & A5, a series of 5 photographs. All were marked in evidence.

4.       In the absence of appearance, version & contra evidence from the opposite parties and the complaint having proved a prima facie case, the Commission is left with no other option but to believe the pleadings of the complainant as proved.

          Hence in view of all what is stated above we  order the following reliefs.

          1. The opposite parties are directed to pay an amount of Rs.50,000/- as compensation for the deficiency in service and the liability shall run jointly and severally.

          2. To pay  a cost of Rs.15000/-.

                    The opposite parties are directed to comply with the aforesaid order within 45 days of receipt of a copy of this Order, failing which the complaint will be entitled to a solatium at the rate of Rs.250/- per month or part thereof from the date of this Order, till the date of actual payment.

         Pronounced in the open court on this the 27 ^th   day of June, 2022.

                                                                                              Sd/-

                                                                                     Vinay Menon V

                                          President

                                                                                             Sd/-

                                                                                          Vidya.A

                                            Member

                                                                                                Sd/-

                                                                                  Krishnankutty.N.K

                                                                                            Member

Exhibits marked on the side of complainant

Ext. A1-Medical History issued by Dr.Yadhu.K.A,M/s D-Care,Multispeciality Dental Clinic Kutahnoor to complainant.

Ext A2- Lawyer notice issued by complainant Adv.P.Sithin to opposite parties 2to4

Ext A3-Reply notice issued by Adv.Sathish Mehta,Nagpur to Adv.P.Sithin,Palakkad.

Ext A4- Compact Disc

Ext A5- Photographs in Series (a) to (e)

Exhibits marked on the side of Opposite parties

NIL

Witness examined from complainant’s side:- NIL

Witness examined from opposite party’s side:- NIL

Cost: Rs.15,000/-