Orissa

Kendujhar

54/2014

Sk. Md. Sahanawaz - Complainant(s)

Versus

1. Paresh Nath Dhar, - Opp.Party(s)

Sri R.R. Rana

21 Sep 2016

ORDER

 

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR.

CONSUMER COMPLAINT CASE NO. 54 OF 2014

                    Sk. Md. Sahanawaz, aged about 36 years,

                    S/o: Sk. Amirullaha,

                    At/P.O: Raisuan, P.S: Sadar,

                    Dist: Keonjhar(Odisha).……………………………Complainant

                                      Vrs.

                1. Paresh Nath Dhar,

                    The Proprietor, In & Out,

                    Pandia Petrol Pump Premises,

                    New Market, Keonjhargarh,

                    P.O: Keonjhargarh,

                    Dist: Keonjhar-758001(Odisha)

                2. The Owner, OM Oil & Flour Mills Ltd.

                     Plot No. B/34, Industrial Estate,  

                     Cuttack-753010(Odisha)…………………………Op. Parties

 

PRESENT: SHRI A.K. PUROHIT, PRESIDENT

                     SRI S.C. SAHOO, MEMBER

                     Advocate for the Complainant: Sri Rajesh Ranjan Rana

                     Advocate for OP1: Set ex- parte

                     Advocate for OP2: Sri Shaktidhar Das & Associates

____________________________________________________________________________________________________  

Date of Hearing: 16.3.2016                                                                                            Date of Order: 21.9.2016

SRI S.C. SAHOO, MEMBER: - This is a case of Unfair Trade Practice adopted by the O.Ps. The O.P-1 is a retailer of various products/items of different manufactures including the products/items “Kheer Mix” of RUCHI brand manufactured by the O.P-2 who is a renowned manufacturer & supplier of various food-products having name & fame throughout the country as well as in the foreign countries of the world for its quality & quantity of the food products namely KHEER MIX of Ruchi brand carrying its business/trade in the country/Nation as well as outside of nation and the O.Ps having nexus in the present dispute.

2.     The brief facts of the case are that the complainant has been consuming regularly the products/item like Kheer Mix of O.P-2 since the price of the product could be affordable by all most all category of consumers of society as having special demand among the consumers for its taste and utility and as such the complainant being a regular user/consumer of the Kheer Mix of Ruchi brand used to purchase this product intermittently as per his requirements at a price of Rs.44/- (forty four) per piece. But on 3.10.2014 the complainant has purchased one piece of Kheer Mix of Ruchi brand from O.P-1 at a price of Rs.64/- (sixty four) which was Rs.20/- excess than the actual price/cost of Rs.44/- put him into confusion of mind arising from doubt by seeing its price (MRP) i.e. Rs.64/- which was excess of Rs.20/- than its actual cost and asked the reason to O.P-1 but no fruitful answer came out rather the O.P-1 has given an impression that the product price is recent and genuinely received and no money receipt was provided on repeated request by the complainant of which the act of the O.P-1 is nothing but illegal trade practice as because to mention that on excess amount of Rs.20/- was paid by the complainant to O.P-1 towards MRP of the said product Kheer Mix which was purchased by the complainant many times @Rs.44/- engraved curiosity in the mind of the complainant again on 18.10.2014 the complainant purchased the said product of O.P-2 brand from another outlet at New Market, Keonjhargarh by paying Rs.44/- as per the MRP and compared the same with the previous purchased pack which was purchased @Rs.64/- from O.P-1 with the new one at his home but found no difference except the MRP printed on the product, the month of manufacturing was 07/2014 and with batch No. was KMIGM was same but only MRP differs put in to confusion and realized that the complainant had been tremendously victimized by the O.Ps for their delivered unfair trade practice and in order to ascertain the truth and reality the complainant has again purchased the same product of Kheer Mix of Ruchi brand from O.P-1 on payment of Rs.64/- on 20.10.14 and obtained the money receipt on such purchased of the product and to these the complainant asked to the distributer of O.P-2 pertaining to discrimination on price in MRP of a same and similar product of O.P-2 and no satisfactory reply got from the distributor for which it was crystal clear that the O.Ps were involved in Unfair Trade Practice which is illegal in nature and not permissible under law. Hence this present complaint,

3.     After service of notice to the O.Ps, the O.P-1 did not appear hence was set ex parte on 8.5.15. But the O.P-2 appeared through its Advocates and filed  written version.   

4.   In the written version, the O.P-2 contended that the petition is not maintainable and bad for mis-joinder & non-joinder of parties and the O.P-2 has denied about nexus relation with the O.P-1nor any business transaction with O.P-1. One Manorama Traders is the authorized dealer of O.P-2 from whom the O.P-1 purchased the alleged product Kheer Mix on proper retail invoice on 21.8.2014 & 4.9.2014 wherein the retail price of Rs.44/- sold to O.P-1 who is not the proprietor of the ‘In & Out’ outlet situated at H.B. Pandia Petrol Pump, Keonjhar might have joined hands with the complainant in order to get some illegal gain from this O.P-2 and the petition of the complainant is false & imaginary and also fabricated dates were narrated in the complaint to bring such a fraudulent complaint case against this O.P-2. Hence being devoid of merit liable for dismiss with exemplary cost.       

5.    Heard the Ld. counsel for the complainant by producing 4 nos. of Kheer Mix of Ruchi Brands Jars for perusal of this Forum on 16.3.16 from which on perusal of the said Jars, it reveals that 2 nos. of Jars of Kheer Mix with the manufacturing date 07/2014 and the batch No. MIGN with having different MRP and the rest 2 nos. of Jars of Kheer Mix are of manufacturing date 09/2014 and batch No. KMZIN with having different MRP and this Forum perused the same and compared with the photo of the alleged product of Kheer Mix (Ext.1) available on record and found the same to be correct and the copy served to the O.P and thereafter returned back to the complainant with a direction to produce the same as and when required by this Forum.    

6.     So, the question of different MRP in the Jars how printed by O.P-2 who is the manufacturer of the alleged product and under what circumstances other O.P i.e. O.P-1 as well as the complainant will be involved in tampering the MRP and what relief will be granted and whether the different MRP will attract the unfair trade practice or not are the disputes to be adjudicated.

7.     Price means the money consideration for a sale of goods and Section 10 of sale of Goods Act-1930, price means something of a money-value. The dictionary meaning is that to become goods it must be something which can ordinarily come to the market to be bought and sold and is known to the market.

       Trade in relation to any goods means a person who sales or distributes any goods for sale and includes the manufacturer thereof and where such goods are sold or distributed in package form includes the packer thereof. In wider sense, it included any business carried on with a view to earn profit as enumerated Under Section-2(1)(q) of C.P. Act.

       And Under Section-2(1)(r) Unfair Trade Practice means, a trade practice which for the purpose of promoting the sale, use or supply of goods or for the provisions of service adopt any unfair method or unfair or deceptive practice including materially misleads the public concerning the price at which a product or like products or services have been or are, ordinarily sold or provided, and for this purpose a representation as to price shall be deemed to refer to the price at which the product, or goods, or services has or have been sold or services have been provided by the person by whom or on whose behalf the representation is made. The manufacturer is as much as responsible as the seller for selling his goods excess than MRP. The packaged commodities rules required that any commodity which is sold in packets must an outer covers of package contain certain particulars of which MRP. The manufacture has therefore to give the correct MRP so that the customer cannot be misled. There is no dispute that the Kheer Mix of Ruchi brand was manufactured by the present O.P-2 which was purchased by the complainant through O.P-1. In the present circumstances, the O.P-2 is liable and the proceeding could be maintained against the present O.P-2 and the dealer O.P-1 impleaded as a party, the liability might be held to be joint and several and in absence of O.P-1/Seller/Retailer does not exonerate the manufacturer i.e. O.P-2 from its liability. In a sense the manufacturer i.e. O.P-2 is more liable than the seller/O.P-1.                

8.     MRP itself, includes the commission/profit, for a shopkeeper there has been a large number of incidents of exploitation of consumers like the complainant, leading to a constant urge of a panacea. To protect the “Consumers” excessive prices charged by the traders, it is provided that the state declared the rates for the purchase and sale of all marketable commodities. In order to protect the consumers from arbitrary exploitation by the traders, it is clear that the O.Ps have been charging the excessive amount of Rs.20/- per piece of Kheer Mix of Ruchi brand since the year 2014, and even before it, O.Ps must have earned Crores of rupees. It laid the customers up the garden path. The Kheer Mix container does not mention that the O.Ps can charge excessive price than the MRP, since MRP itself includes the commission/profit for a shopkeeper like O.P-1. Hence,      

O R D E R

    Under these circumstances, we allowed the complaint petition of the complainant and the O.Ps are directed to pay cost and compensation of Rs.28,000/- (Compensation Rs.25,000/- + Cost Rs.3,000/-) to the complainant within 30 days of receipt of this order. Otherwise it will carry an interest @9%p.a till realization. However it is not end of the road. The O.Ps have exploited the public, prior to, and after the incident. The general public was taken for a ride, under the very nose of O.Ps and the O.Ps have no right to keep and misappropriate the public money. It must go back to the Public. We therefore, ordered that the O.Ps will deposit jointly & severally a sum of Rs.25,000/- with the Consumer Welfare Fund by means of a demand draft drawn from any Nationalized Bank in favour of DCDRF, Keonjhar, At:Collectorate Campus, P.O: Keonjhargarh, Dist: Keonjhar within 30 days from receipt of the order otherwise it will carry an interest @9%p.a till realization.

 

                                                                                                                                            I agree                                                                      

                (Sri S.C. Sahoo)                                                                                           (Sri A.K. Purohit)                                                                                                                Member                                                                                                          President                               

            D.C.D.R.F. Keonjhar                                                                                    D.C.D.R.F. Keonjhar

 Dictated & Corrected by me

                                                                                                               (Sri S.C. Sahoo)                                                                                                                  

                                                                                                         Member, D.C.D.R.F. Keonjhar