Haryana

Panchkula

CC/127/2018

DIVYA BHATIA - Complainant(s)

Versus

EASY DAY CLUB - Opp.Party(s)

COMPLAINANT IN PERSON

28 Jun 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PANCHKULA

                                                    

 

Consumer Complaint No	:	127 of 2018
Date of Institution	:	12.07.2018
Date of Decision	:	28.06.2019

 

Divya Bhatia D/o Narinder Bhatia resident of House No.1972/1, Near Killa Manimajara, Chandigarh. 

 

                                                                        ….Complainant

 

Versus

1.       Easyday Club, SCO No.15, Sector-10, Panchkula, Haryana through is Prop/Partner/Owner.

2.     Golden Harvest Future Consumer Ltd. Plot No.D-222/1A, TTC, MIDC, Shirwane, Nerul LP, Navi Mumbai-400706, Maharashtra.

 

….Opposite Parties

 

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Before:              Sh. Satpal, President.

Dr. Pawan Kumar Saini, Member.

Dr. Sushma Garg, Member.

 

For the Parties:   Complainant in person   

                        Op No.1 already exparte vide order dated 22.01.2019.

                        OP No.2 already exparte vide order dated 20.03.2019. 

                       

ORDER

(Dr. Sushma Garg, Member)

1.     The brief facts of the present complaint are that on dated 02.07.2018 complainant  had visited  the easyday club of Sector-10, Panchkula and purchased some house hold items i.e. Golden Harvest Besan 500gm and paid Rs.35/-. The complainant was very surprised to see the above said golden Harvest  Besan 500gm on which the date of expiry was mentioned as 01.07.2018.On the same date/day  complainant  again visited  the easyday club i.e. OP No.1 and told  the Customer Care Executive/Store Manager of Store about the below substandard Besan. The complainant has brought the matters into the notice of OP that golden harvest besan 500gm has expiry date but the OPs alongwith his workers started misbehaving with the complainant. Due to the above said act and conduct on the part of the OPs, the complainant has suffered mental and physical agony, financial loss and harassment on account of unfair trade practice. Hence, the present complaint.   

2.             Notices were issued to the OPs No.1 & 2 through registered post (vide registered post No.CH054789286IN on 13.12.2018 to OP No.1, registered post No.RH251491882 on 07.02.2019 to OP No.2), which were not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OPs No.1 & 2; hence, it was deemed to be served and thus, due to non appearance of Ops No.1 & 2, they were proceeded ex-parte by this Forum vide its order dated 22.01.2019 & 20.03.2019 respectively.

3.             To prove her case, the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-3 in evidence and closed the evidence by making a separate statement.

4.             We have heard the complainant and gone through the record carefully and minutely.

5.             The complainant has alleged that the OP No. 1 has committed unfair trade practice by selling substandard product. The complainant had purchased Golden Harvest Besan 500gm packet from OP No. 1 on 02.07.2018 and paid Rs.35/- and upon checking the packet, the complainant found that the use by date of the said product had already expired on the date of purchase. The complainant went to OP No. 1 requesting for the change of the above said out dated/expired Golden Harvest Besan 500 gm packet with a fresh one but OP No.1 refused and did not pay any heed to the request of the complainant. Hence, the complainant has filed the present complaint before this forum claiming compensation and litigation expenses.

6.             The OPs have chosen not to contest the allegations labeled against them. The OPs did not appear to contest the claim of the complainant and preferred to be proceeded ex-parte, for which adverse inference is liable to be drawn against them. The non-appearance of the OPs despite notice shows that they have nothing to say in their defence or against the allegations made by the complainant. Therefore, the assertions made by the complainant go unrebutted and uncontroverted.

7.             The complainant to prove her case has placed on file the copy of bill (Annexure C-3) and photograph of packet (Annexure C-1 and C-2/A) showing that the use by date mentioned on the packet was four months from the date of packing which as noted above had already expired on the date of purchase. The pleading in the complaint supported with evidence furnished by complainant have remained unrebutted. Therefore, the unfair trade practice on the part of OP No.1 has been proved against OP No.1.

8.             In view of the fact that the OPs neither responded to the notice nor have they opted to controvert the precise cognizable averments made by the complainant having a very relevant bearing upon the adjudication of the grievance, the only distilled view is that the complainant has been able to prove the genuineness of the grievance that the OPs had committed deficiency in service, the manner whereof has been detailed in the complaint, as also the affidavit in support thereof. Thus, we hold that the OP No.1 is liable for the deficiency and unfair trade practice. Hence, the complainant is entitled to relief. However, the complaint against OP No.2 is dismissed.

9.             As a result of the above discussion, we partly allow the present complaint and dispose of with the following directions to the OP No.1:-

1. To refund a sum of Rs.35/- i.e. cost of the packet containing besan to the complainant. 
2. To pay a lump sum amount of Rs.5,000/- to the complainant on account of mental agony and harassment and cost of litigation.

 

10.            The OP No.1 shall comply with the order within a period of 30 days from the date of communication of copy of this order failing which the complainant shall be at liberty to approach this Forum for initiation of proceedings under Section 25 and 27 of CP Act, against the OP No.1. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance.

 

Announced:28.06.2019

 

 

 

        Dr.Sushma Garg           Dr. Pawan Kumar Saini               Satpal

              Member                      Member                           President

 

Note: Each and every page of this order has been duly signed by me.

 

                                      Dr.Sushma Garg 

                                         Member