Punjab

Sangrur

CC/326/2018

Karan Tuteja - Complainant(s)

Versus

Vishal Mega Mart - Opp.Party(s)

Sh.Udit Goyal

25 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

               

                                               

                                                Complaint No.    326

                                                Instituted on:      07.08.2018

                                                Decided on:       25.01.2019

 

 

Karan Tuteja aged about 25 years son of Sh. Prem Kumar Tuteja, resident of House No.18, Patiala Gate, Sangrur.

                                                        …Complainant.

                                Versus

1.     Vishal Mega Mart (A Franchise store operated by Airplaza Retail Holdings Private Limited), Dhuri Gate, Sangrur through its Manager.

2.     VRS Foods Limited, Near Old Bus Stand, Gulaothi, District Bulandshahar (UP) through its Managing Director.

3.     VRS Foods Limited, D-55, Ground Floor, East of Kailash, New Delhi through its Managing Director.

                                                        …Opposite parties

 

For the complainant    :       Shri Udit Goyal, Advocate.

For OP No.1              :       Shri Sonam Mohinder, Adv.

For OPs No.2&3        :       Exparte.

 

 

Quorum:    Vinod Kumar Gulati, Presiding Member

                Mrs. Manisha, Member

 

Order by : Vinod Kumar Gulati, Presiding Member.

 

1              Shri Karan Tuteja, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on 25.06.2018, the complainant approached the OP number 1 and purchased Paras Desi Ghee pack vide bill number 3053060012334 dated 25.6.2018 for Rs.379/-.  But the grievance of the complainant is that the Paras Desi Ghee sold by OP number 1 was of expiry date as its manufacturing date was 23.7.2017 and the same could have been used within 9 months, as such its expiry date was 23.4.2018, meaning thereby the OP number 1 sold the expiry product to the complainant, which is totally illegal and is unfair trade practice on the part of OP number 1.  Further case of the complainant is that the complainant brought the matter into the notice of OP number 1 and requested to refund back the amount of Rs.379/-, but all in vain. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the OPs be directed to refund to the complainant an amount of Rs.379/- charged by it and further to pay compensation and litigation expenses.

 

2.             Record shows that the OPs number 2 and 3 were proceeded against exparte.

 

3.             In written reply filed by the OP number 1, legal objections have been taken up on the grounds that the complaint of the complainant is false, frivolous, vexatious and based on surmises and conjectures, that the present complaint is a sheer abuse of process of law, that the complainant has not come to the Forum with clean hands, that the complainant had not purchased the said product for his personal use or his family members, but only for claiming money from the OPs with dishonest intention. On merits, it is stated that the complainant has manipulated, misrepresented and concealed material relevant facts from this Forum.  It is stated further that the complainant intentionally and deliberately picked up the alleged expired product i.e. Paras Desi Ghee from non saleable product rack which was kept in a corner area of the store and took it to the billing counter with a malafide intention.  However, any deficiency in service on the part of the OPs has been denied.

 

4.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-3 affidavit and documents and closed evidence.  On the other hand, the leaned counsel for OP number 1 has tendered Ex.OP1/1 affidavit and closed evidence.

 

5.             We have carefully perused the complaint, version of the opposite party and heard the arguments of the learned counsel for the parties. None of the parties submitted written arguments. In our opinion, the complaint merits acceptance, for these reasons.

 

6.             It is an admitted fact that the complainant had purchased one kilogram packet of Paras Desi Ghee for Rs.379/- from the OP number 1, as is evident from the copy of bill dated 25.6.2018 Ex.C-2. Ex.C-3 is the copy of wrapper of  Paras Desi Ghee, which clearly shows that its date of manufacturing was 23.7.2017 and it could be used within a period of nine months from the date of manufacturing meaning thereby it could be used upto 23.4.2018, but the fact reveals that the OP number 1 sold it to the complainant on 25.6.2018 i.e. after the expiry of the product in question. In the present case, though the learned counsel for the OP number 1 has contended that the complainant had purchased this expiry date product intentionally and in order to grab the money from the OP number 1, but the OP number 1 failed to support this contention by producing any cogent, reliable and trustworthy evidence on record and we are unable to accept the contention of the learned counsel for OP 1 in absence of supportive evidence.  Also, we feel that OP number 1 was duty bound to keep the expired items/articles out of reach from the customers. As OP number 1 did not perform  its duty, and this resulted into purchasing the above expired item. As such, the complainant cannot be blamed upon for purchasing the expired item as alleged by the OP 1 in his reply. Also why the OP 1 kept the expired articles on the racks and sold it to the customer, no explanation has been given by the learned counsel for the OP number 1. Under the circumstances, we find it to be a clear cut case of unfair trade practice on the part of the OP number 1 only. 

 

7.             In view of our above discussion, we allow the complaint and direct the OP number 1 to refund to the complainant an amount of Rs.379/- along with interest @ 9% per annum from the date of purchase till the payment and further to pay to the complainant an amount of Rs.5,000/- in lieu of compensation for mental tension and harassment and an amount of Rs.3000/- on account of litigation expenses.

 

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

 

                Pronounced.

                January 25, 2019.

                                                       

 

                                                          (Vinod Kumar Gulati)

                                                             Presiding  Member

 

 

 

                                                                (Manisha)

                                                                  Member