Punjab

Sangrur

CC/276/2019

Anjali - Complainant(s)

Versus

Vishal Mega Mart - Opp.Party(s)

Sh.Sandip Kumar Goyal

18 Jan 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SANGRUR.

               

                                               

                                                Complaint No.  276

                                                Instituted on:    13.06.2019

                                                Decided on:       18.01.2021

 

 

Anjali daughter of Naresh Kumar, resident of Ward No.11, #76, Bhikhi, District Mansa.

                                                        …Complainant.

                                Versus

Vishal Mega Mart, Opposite Shri Naina Devi Temple Park, Sangrur through its Manager.

                                                        …Opposite party

 

For the complainant:                   :     Shri  S.K.Goyal, Adv.              

For the OP                                  :     Exparte.

 

 

Quorum:   Shri Jasjit Singh Bhinder, President

                Shri V.K.Gulati, Member   

 

ORDER:  

 

Shri Jasjit Singh Bhinder, President

 

1              Ms. Anjali complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that she had purchased some household goods including MDH PAO Bhaji Masala from the OP on 26.5.2019 and paid a total  amount of Rs.345/-.  Further it is averred in the complaint that before consumption it was noticed by the complainant that the masala was of expiry date as the manufacturing date of the said article is April 2018 and expiry date of article was April 2019, which clearly shows that the opposite party is selling the expiry date articles to the general public, which is totally illegal and amounts to unfair trade  practice. It is further averred that if the complainant used the said expiry date article, then it would have caused irreparable loss to the health of the complainant and his family.   The complainant immediately brought the matter to the notice of the OP and requested to refund back the amount of Rs.58/- so charged by the OP for the sale of expiry product, but the OP refused to refund back the amount.  Further case of the complainant is that the OP is openly selling the expiry date articles I the market throughout India on their retail outlets, which is a danger to the consumer and in this way the Op is earning crore of rupees. It is further averred that from the above it is clear that the OP is selling the expiry goods to the public and complainant. Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to refund to the complainant an amount of Rs.58/- charged by it and further to pay compensation and litigation expenses.

 

2.             Record shows that the OP was proceeded against exparte.

 

3.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-5 including affidavit and documents etc. on the file.  The OP chose to remain exparty.

 

4.             We have carefully perused the complaint and heard the arguments of the learned counsel for the complainant.

 

5.             The learned counsel for the complainant has argued that she had purchased some household goods including MDH PAO Bhaji Masala from the OP on 26.5.2019 and paid a total  amount of Rs.345/- as is evident from the copy of bill on record Ex.C-2.  Further it is argued that before consumption it was noticed by the complainant that the masala was of expiry date as the manufacturing date of the said article is April 2018 and expiry date of article was April 2019, which clearly shows that the opposite party is selling the expiry date articles to the general public, which is totally illegal and amounts to unfair trade practice. It is further argued that if the complainant used the said expiry date article, then it would have caused irreparable loss to the health of the complainant and his family.   It is further argued that the complainant immediately brought the matter to the notice of the OP and requested to refund back the amount of Rs.58/- so charged by the OP for the sale of expiry product, but the OP refused to refund back the amount as such the complainant filed the present complaint to get relief from the court.

 

6.             Ex.C-3 is the Photostat copy of the wrapper of the MDH Pav Bhaji Masala, which has a mention of manufacture and expiry date. It is beyond any doubt that the complainant has clearly proved on record that the OP has sold the expiry product to the complainant.  This fact is further supported by the affidavit of the complainant which is on record as Ex.C-1.  It is worth mentioning here that the Op should not sell the expiry product to the complainant rather the same should be destroyed.   In the circumstances, we feel that the complaint deserves part acceptance.

7.             In view of our above discussion, we allow the complaint partly and direct the OP to refund to the complainant an amount of Rs.58/- and further to pay to the complainant an amount of Rs.500/- in lieu of compensation for mental tension and harassment and litigation expenses.

 

8.             This order of ours be complied with within a period of sixty days of its communication. A copy of this order be issued to the parties free of cost. File be consigned to records.

                        Pronounced.

                        January 18, 2021.

        .

 

(Vinod Kumar Gulati)  (Jasjit Singh Bhinder) 

           Member                 President