DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                Complaint No.  706

                                                Instituted on:    20.12.2016

                                                Decided on:       13.02.2016

Gursewak Singh son of Shri Nazar Singh, resident of Village Bhindran, Tehsil and Distt. Sangrur.

                                                        …Complainant.

                                Versus

Vishal Mega Mart (A franchise store operated by Airplaza Retail Holdings Private Limited), Dhuri Gate, Sangrur, through its Manager/Authorised signatory.

                                                …Opposite party

For the complainant  :       Shri K.S.Toor, Advocate.

For OP                     :       Exparte.

Quorum:   Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member

Order by : Sukhpal Singh Gill, President.

1                      Shri Gursewak Singh, 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 on 09.12.2016, the complainant approached the OP and purchased  Knorr noodles packets from the OP for Rs.30/- against the proper bill/invoice issued by the OP.  But the grievance of the complainant is that the OP supplied the noodles in question with expiry date, whereas its manufacturing date was 2/2016 with the expiry date of 11/2016, while the OP sold the same to the complainant even after expiry period of the product.  Further case of the complainant is that the OP is selling the expired articles to the public, which is a clear cut unfair trade practice on the part of the OP.  Further it is stated that though the complainant approached the OP for refund of the amount of Rs.30/- as charged by the OP being the expiry date product sold by the OP, but all in vain.  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.30/- charged by it and further to pay compensation and litigation expenses.

2.             Record shows that the Op did not appear despite service, as such OP was proceeded exparte on 8.2.2017.

3.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 copy of bill, Ex.C-3 copy of product, Ex.C-4 copy of product printed on date, Ex.C-5 original product and closed evidence.

4.             We have carefully perused the complaint, version of the parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

5.             It is an admitted fact that the complainant purchased the packets of Knorr noodles from OP vide bill dated 09.12.2016 for Rs.30/-, as is evident from the copy of invoice dated 9.12.2016, which is on record Ex.C-2.  Further Ex.C-3 is the photocopy of the packet which shows that the manufacturing date of the product is 02/2016 and expiry date is 11/2016, whereas the product in the question was sold by the OP to the complainant on 9.12.2016 i.e. after the expiry of the period i.e. 11/2016 vide bill on record Ex.C-2.  There is no explanation from the side of the Op that why they sold the same to the complainant, when it had already expired.  We may mention that the OP chose to remain exparte and did not put appearance before this Forum despite service, as such we feel that the OP should not sold the expired goods to any one, which are harmful to any one, who consumes the same.  As such, we find it to be a clear cut case of unfair trade practice on the part of the OP by selling the expired goods to the complainant.

6.             In view of our above discussion and circumstances of the case, we allow the complaint partly and direct OP to refund to the complainant an amount of Rs.30/- and further to pay to the complainant a consolidated amount of compensation to the tune of Rs.10,000/-. We also direct the OP to deposit an amount of Rs.10,000/- in the Consumer Legal Aid Account maintained with the District Consumer Disputes Redressal Forum, Sangrur.

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

                Pronounced.

                February 13, 2017.

                                                        (Sukhpal Singh Gill)

                                                           President

                                                                (Sarita Garg)

                                                                    Member

                                                          (Vinod Kumar Gulati)

                                                                     Member