THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

                                                          Complaint No.: 329 of 2015.

                                                         Date of Institution: 08.12.2015.

                                                          Date of Decision: -27.11.2017.

Kender Mani son of Sh. Bhopal Singh, resident of H. No. 16, Sector 23, HUDA, Bhiwani.

                                                                              ….Complainant.  

                                      Versus

Mr. Vikash Kumar, Proprietor of Nagpaljee Namkeen, Rohtak Gate, Circular Road, Bhiwani.

                                                                   …...OP.

                   COMPLAINT UNDER SECTIONS 12 AND 13 OF

                   THE CONSUMER PROTECTION ACT, 1986.

BEFORE: -    Shri Rajesh Jindal, President

  Shri Parmod Kumar, Member.

Present:-     Shri B.S. Saroha, Advocate for complainant

         OP exparte.

ORDER:-

Rajesh Jindal, President:

                   The case of the complainant in brief, is that the complainant had purchased a Namkeen Packet containing Bikaneri Bhujia for Rs. 15/- from the local market Bhiwani on 21.7.2015 manufactured by the OP.  It is alleged that the complainant after reaching home, the family members of complainant noticed and made it confirm that weight of this packet is not according to the prescribed weight i.e. 120 g as per print appended by the OP.  It is alleged that when the alleged namkeen packet was put on the weighing machine the gross weight of the packet was found only 26 g.  It is alleged that one thing was further noticed that the packing date on the packet is June, 2014, whereas there is precaution on this packet that contents in the packet is to be best used within six months from the date of packing which is also wrong.  It is further alleged that the OP has shown maximum price Rs. 25/- on the packet and on the other hand the complainant has purchased the packet after paying Rs. 15/- as sale price of the packet.  The complainant had talked on 22.7.2015 with the OP with mobile but the behavior of the OP was found proudy and rude.  Hence, it amounts to deficiency in service on the part of respondent and as such, he has to file the present complaint for seeking compensation.He

2.                OP has failed to come present.  Hence he was proceeded against exparte vide order dated 11.7.2016.

3.                 We have gone through the record of the case carefully and have heard the learned counsel for the complainant.

4.                Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the namkeen packet was purchased by the complainant from the OP on 21.7.2015 for a sum of Rs. 15/-.  After the purchase of the namkeen packet, the complainant found that the weight of the packet is not according to the weight prescribed on the said packet.  After getting the weight of the said packet on the weighing machine, it was found only 26 gram.  The packing date on the packet was mentioned as June 2014 and the packet can be used within 6 months from the date of packing.  The OP is liable to pay the compensation to the complainant.  He further submitted that the packet in question was weighed by the Inspector Legal Metrology, Bhiwani and he submitted his report, who has also mentioned the weight of packet 25 gram. 

5.                Vide order dated 22.3.2017, this District Forum on the application of the complainant directed the Legal Metrology, Bhiwani to weight the packet of namkeen and submit his report alongwith packet in a sealed cover, mentioning in the marka, batch number, date of packing and date of expiry etc.  We observe that the Inspector Legal Metrology, Bhiwani has not complied with the order dated 22.3.2017.  He has just made a report on the beneath of the photo copy of the order without following the instructions given by us in the aforesaid order.  He has only given the weight of the packet.  The OP did not bother to appear and contest the claim of the complainant.  Taking into account every aspect of the case, we partly allow the complaint of the complainant against the OP.  The OP is directed to pay a lumpsum compensation of Rs. 2500/- to the complainant.  The OP is directed to comply with the said order within 60 days from the date of passing of this order. Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Dated:-27.11.2017.                 

                                                                (Rajesh Jindal)                           

President,

                                                          District Consumer Disputes

                                                          Redressal Forum, Bhiwani.

(Parmod Kumar)           

      Member.