S.R.NO.614/2009

Monday, the 2nd day of November, 2009

Mr. K.S.Suresh,

S/o. Setharama Rao

No. 60/1, Kongu nagar,

Ramanathapuram,

Coimbatore- 641 016. --- Complainant

Vs.

1. M/s. JM Breads Private Limited,

197/4, Ramasamy Nagar,

Vadavalli, Coimbatore – 641 046.

2. M/s. Pazhamudir Nilayam,

729-732,Trichy Road,

Ramanathapuram,Coimbatore – 641 045. --- Opposite Parties



Counsel for the petitioner : Mr.K. Shanmugam,S. Radhakrishan & K.Srikrishnan



The case of the complainant

1. The case of the complainant is that he has purchased Classic Fruit cakes for Rs.260/- on 9.1.09 from the 2nd opposite party which was manufactured and supplied by the 1st opposite party. The further contention of the complainant is that the Cakes are not suitable for eating and the same will cause serious health problem if eaten.

2. The complainant prays this Forum to pass an order directing the opposite parties to refund bill amount of Rs. 260/- of the fruit cakes purchased on 9.1.09 with interest, directing the opposite parties to pay a sum of 1 lakh towards damages for mental and physical agonies suffered by the complainant, and to pay a sum of Rs.50,000 towards deficiency in service.

3. Complaint, documents perused. Complainant's counsel argument heard.

4. The complainant has filed only 4 documents ie. bill dated 9.1.09, copy of legal notice dt.13.1.09, and postal acknowledgement cards dt.17.1.09. The complainant has not filed any documentary evidence to show that the cakes are not suitable for eating and the same will cause serious health problem if eaten. Moreover he has filed this complaint after a period of 9 months. The Material Object is also not produced. Hence prima facie case not made out, the complainant is not a consumer as defined u/s.2(1)(d) of the Consumer Protection Act, 1986.



5. Hence this complaint rejected.



Pronounced by us in Open Forum on this the 2nd day of November, 2009.