Date of Filing : 08.07.2022
Date of Disposal : 13.01.2023
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
THIRUVALLUR
BEFORE TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law) .…. PRESIDENT
THIRU.P.MURUGAN, M.COM.,ICWA (Inter),B.L., ......MEMBER-II
CC. No.155/2022
THIS FRIDAY, THE 13th DAY OF JANUARY 2023
Mr.Anand, S/o.Mr.Elumalai,
residing at L-51/99, 3rd Floor,
T.N.H.B, Thiruverkadu Main Road,
M.G.R.Puram, Ayappakkam,
Chennai -600 077. …… Complainant
//Vs//
1.The Manager/ In Charge,
Tejas Shree Hyper Market,
No.9812 & 9813, Thiruverkadu Main Road,
Ayapakkam, Chennai 600 077.
2.Condor Foods Private Limited,
Plot No.W202/1A,
TTC Industrial Area,
MIDC Khairna Navi Mumbai – 400 710. …..opposite parties.
Counsel for the complainant : Mr.A.R.Poovannan, Advocate.
Counsel for the opposite parties : exparte
This complaint is coming before us on various dates and finally on 04.01.2023 in the presence of Mr.A.R.Poovannan Advocate, counsel for the complainant and the opposite parties were set exparte for non appearance and upon perusing the documents and evidences of the complainant this Commission delivered the following:
ORDER
PRONOUNCED BY THIRU.P.MURUGAN. MEMBER-II
This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite parties in selling expiry dated product along with a prayer to pay a sum of Rs.430/- spent by the complainant towards medical expenses and to pay a sum of Rs.50,000/- towards compensation for the mental agony and hardship caused to the complainant and to pay a sum of Rs.5,000/- towards cost of the proceedings to the complainant.
Summary of facts culminating into complaint:-
The Complainant has purchased Mixed Dry fruits & Nuts pack from the first Opposite Party on 10.01.2021 by paying appropriate bill which includes other items for Rs.2754/-. This bill insides the price of the commodity under contention. The Second Opposite Party is the manufacturer of the said product namely the Mixed dry fruits & Nuts. The food item was given for consumption to the Sister in Law of the Complainant and she opened the food packet on the next day of purchase i.e, on 11.01.2021 and consumed. After some time of consumption, the Complainant’s Sister in Law had severe stomach pain and vomiting. Then, the Complainant has checked the expiry date of the pack and found that the expiry date for the product already crossed on 13.11.2020. It is contended that selling a product for which the expiry date is over, the Opposite Party 1 & 2 are responsible as per the Complainant. Based on this fact the Complainant has issued a Legal notice to Opposite Parties on 06.02.2021 for which the 1st Opposite Party has not responded but the 2nd Opposite Party has requested for product details vide letter dated 08.02.2021. It is accepted by the 2nd Opposite Party that the product was produced by them and put the blame on the 1st Opposite Party for the lapse of selling the product for which the expiry detail is already over. The Complainant alleges that the responsibility of the product manufacturer to take back the unsold/date expired food from the dealer not done and liable for compensation for the damaged caused on ill health suffered, by the 2nd Opposite Party and selling such product by OP 1. The reply of OP2 in their letter dated 04.03.2021 in details have accepted that the product was processed in their unit and the details of brand, picture nature of the product, Batch No. Manufacturing date all matches there is but deny that they have sold the same to 1st Opposite Party and clears that 1st OP whole have purchased it from some of their distributors. Even though the product is their manufacturing, the shelf life of the product should have watched by the seller only and the Complainant should take up the issue only with 1st OP. Thus aggrieved the present complaint has been filed for the following reliefs.
To pay a sum of Rs.430/- spent by the complainant towards medical expenses;
To pay a sum of Rs.50,000/- towards compensation for the mental agony and hardship caused to the complainant;
To pay a sum of Rs.5,000/- towards cost of the proceedings to the complainant.
On the side of complainant proof affidavit was filed and submitted documents marked as Ex.A1 to A7. In spite of sufficient opportunities and notice the opposite parties did not appear before this Commission and hence they were called absent and set ex-parte on 07.10.2022 for non appearance and for non filing of written version.
Points for consideration:-
Whether selling a product which lost the shelf life by a dealer to general public amounts to deficiency in service on the part of the opposite parties?
If so to what relief the complainant is entitled?
Point No.1:-
The following documents were filed on the side of complainant in support of her contentions;
Bill for the payment of Rs.2754/- received by the 1st opposite party dated 10.01.2021 was marked as Ex.A1;
Particulars of the goods and image was marked as Ex.A2;
Notice issued by the complainant to the 1st opposite party dated 06.02.2021 was marked as Ex.A3;
Acknowledgement card for proof of delivery was marked as Ex.A4;
Reply by the 2nd opposite party dated 08.02.2021 was marked as Ex.A5;
Reply notice by the complainant was marked as Ex.A6;
Reply by the opposite party dated 04.03.2021 was marked as Ex.A7;
It is proved beyond doubt that the product was sold by the 1st Opposite Party and manufactured by 2nd Opposite Party. It is the responsibility of the 1st Opposite Party to take care of the shelf life and its expiry date. In this case the 1st Opposite Party has sold the product which is beyond the shelf life and equally responsible binding on 2nd Opposite Party to take care of their product life limitations. The product should have been removed and taken back from general public display. The responsibility has to be borne by both the OP 1 & 2 parties and the sufferer in this case the Complainant who should be awarded suitably apart from paying back the price paid for the product which does have the material value since the shelf life is gone.
Point No.2:-
With the product manufactured / processed by 2nd Opposite Party and sold by 1st Opposite Party for their margin earning, the compensation also be shared by both the parties in awarding to the Complainant who have suffered buying the product.
In the result, this Complaint is partly allowed. Accordingly, the 1st Opposite Party is directed to refund a sum of Rs.422/- towards the cost of the product to the Complainant within 4 weeks from the date of receipt of copy of this order failing which, the said amount shall carry an interest rate of 6% from the date of complaint till realization.
Further, directing the Opposite Parties 1 & 2 to pay a sum of Rs. 25000/- (Rupees twenty five thousand only) towards compensation for causing mental agony to the Complainant due to the deficiency in service and also to pay Rs.5000/- (Rupees five thousand only) towards cost of this litigation to the Complainant.
Dictated by the Member-II to the steno-typist, transcribed and computerized by him, corrected by the Member-II and pronounced by us in the open Commission on this the 13th day of January 2023.
Sd/- Sd/-
MEMBER-II PRESIDENT
List of document filed by the complainant:-
Ex.A1 10.01.2021 Bill for the payment of Rs.2754/- received by the 1st opposite party. Xerox
Ex.A2 ............... Particulars of the goods and image. Xerox
Ex.A3 06.02.2021 Notice issued by the complainant. Xerox
Ex.A4 ............... Acknowledgement card for proof of delivery. Xerox
Ex.A5 08.02.2021 Reply by the 2nd opposite party. Xerox
Ex.A6 ................ Reply notice by the complainant. Xerox
Ex.A7 04.03.2021 Reply by the opposite party. Xerox
Sd/- Sd/-
MEMBER-II PRESIDENT
