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AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Acts
  • CONSUMER PROTECTION ACT
  • Act, 2006 and Rule 27(2) of Food Safety Page 3 of 7 and Standards Rules, 2011,
  • Sections 100 and 101 of Consumer Protection
  • Section 2(i)(f) of Consumer Protection Act,1986
  • Sec.2(i)(f) of Consumer Protection Act 1986
  • Section 35 of the Consumer Protection Act, 2019
  • Section 2(i) and (f) of the Consumer Protection Act, 1986.
  • Sec 27 (2) of Food Safety And Standards Act 2006
  • Measurement Act, 1976 and Weights and Measurement Rules 1977,
  • sections 84 and 86 f Consumer protection Act,
  • Act, 2006 and Food Safety and Standards Rules, 2011
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Acts
  • CONSUMER PROTECTION ACT
  • Act, 2006 and Rule 27(2) of Food Safety Page 3 of 7 and Standards Rules, 2011,
  • Sections 100 and 101 of Consumer Protection
  • Section 2(i)(f) of Consumer Protection Act,1986
  • Sec.2(i)(f) of Consumer Protection Act 1986
  • Section 35 of the Consumer Protection Act, 2019
  • Section 2(i) and (f) of the Consumer Protection Act, 1986.
  • Sec 27 (2) of Food Safety And Standards Act 2006
  • Measurement Act, 1976 and Weights and Measurement Rules 1977,
  • sections 84 and 86 f Consumer protection Act,
  • Act, 2006 and Food Safety and Standards Rules, 2011
Smart Summary

Factual and Procedural Background

The complainant, K. Subbarayan, filed a consumer complaint under Section 35 of the Consumer Protection Act, 2019, against the Proprietor/Manager of The Cake Factory, Namakkal. The complaint arose from the purchase of a sweet bread for Rs.30/- on 26.06.2019, which the complainant alleged was sold in packaging without proper labeling and was spoiled. The complainant sought a refund, imposition of a fine under the Food Safety and Standards Act, 2006, compensation for mental agony, and litigation expenses. The opposite party denied the allegations, asserting compliance with labeling requirements and challenged the authenticity of the complaint. The matter proceeded to final hearing on 06.06.2023, after which the Commission delivered its order on 20.06.2023.

Legal Issues Presented

  1. Whether the complainant is entitled to the reliefs prayed for in the complaint?
  2. Whether there was any deficiency of service on the part of the opposite party towards the complainant?
  3. What other reliefs, if any, the complainant is entitled to?

Arguments of the Parties

Complainant's Arguments

  • The bread was sold without a proper label showing required particulars such as name, address, net weight, manufacturing and expiry dates, MRP, and badge number, violating the Food Safety and Standards Act, 2006 and related rules.
  • The bread was old, spoiled, and unfit for consumption.
  • The opposite party admitted selling bread without proper labeling in Chennai as well.
  • Claimed deficiency of service under Section 2(i) and (f) of the Consumer Protection Act, 1986.
  • Prayed for refund of Rs.30/-, imposition of Rs.1,00,000/- fine, Rs.25,000/- compensation for mental agony, and Rs.5,000/- litigation expenses.

Opposite Party's Arguments

  • Denied the complainant's allegations as false and mala fide.
  • Asserted that the bread packaging contained all required particulars including manufacturer details, manufacturing and expiry dates, raw materials, nutrition details, and batch number.
  • Denied that the bread was old or spoiled, stating the complainant fabricated the case for publicity.
  • Alleged the complainant caused damage inside the shop and filed the complaint in retaliation.
  • Contended that no defective product was proven and no laboratory test was conducted by the complainant.
  • Prayed for dismissal of the complaint with costs.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Commission examined the evidence and arguments presented. It noted that while the complainant failed to prove the bread was defective as per Section 2(i)(f) of the Consumer Protection Act, 1986 (also applicable under the 2019 Act), the receipt (Ex.A1) and the bread packaging (MO.1) were admitted without objection. The receipt lacked essential details such as price, manufacturing and expiry dates, which is a violation under Section 27(2) of the Food Safety and Standards Act, 2006.

The Commission held that the absence of mandatory labeling particulars constitutes a deficiency of service under Sections 100 and 101 of the Consumer Protection Act, 2019. However, since the complainant could not establish the bread was spoiled or defective, the claim for a refund on that ground was not sustained. The Commission balanced the findings by awarding compensation for mental agony due to the labeling deficiency but dismissed other claims.

Holding and Implications

The complaint was partly allowed. The opposite party was directed to pay the complainant:

  • Rs.5,000/- as compensation for mental agony with interest at 9% per annum from the date of filing (12.07.2019) until realization.
  • Rs.30/- towards the purchase price of the sweet bread.
  • Rs.5,000/- towards litigation expenses (without interest).

These amounts were to be paid within one month from the date of the order. The complaint was dismissed in all other respects. The exhibit MO.1 (bread packaging) was ordered to be destroyed after the appeal period, if no appeal was filed. No new legal precedent was established; the decision primarily enforced existing statutory labeling requirements and addressed deficiency of service accordingly.

    K.SUBBRAYAN v. PROPRIETOR,THE CAKE FACTORY

    Page 1 of 7

    BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

    COMMISSION, NAMAKKAL.

    PRESENT:-

    Dr. THIRU V. RAMARAJ, M.L., Ph.D.,

    PRESIDENT.

    THIRU A.S. RATHINASAMY, M.Com., B.Ed., B.L., MEMBER-I.

    Tuesday the 20thday of June 2023 CONSUMER COMPLAINT NO.32/2019 -----

    K. Subbarayan,

    40-B1, Senthamangalam Road, Namakkal. ...Complainant vs.

    The Proprietor/Manager, The Cake Factory,

    Mohanur Main Road,

    (Opp. of Ayyappan Temple), Namakkal 637 001. …Opposite Party This complaint came up before us for final hearing on 06.06.2023 in the presence of the complainant in person and Thiru S. Vinoth, advocate for the Opposite Party and upon hearing the arguments on both sides and upon perusing the records and having stood over for consideration till this day, this Commission doth pass the following

    Date of filing :-12.07.2019 Date of order:-20.06.2023

    Page 2 of 7

    ORDER:-

    DELIVERED BY THIRU A.S. RATHINASAMY, MEMBER-I:-

    This complaint was filed by the complainant under Section 35 of the Consumer Protection Act, 2019 with the plea to direct the Opposite Party to refund a sum of Rs.30/- towards the value of the bread and also to impose a fine of Rs.1,00,000/- under the Food Safety and Standards Act, 2006 and Food Safety and Standards Rules, 2011 and other relevant Acts and to restrain the Opposite Party permanently from selling the food pockets without labels and also to direct the Opposite Party to pay a sum of Rs.25,000/- for causing mental agony and also to direct him to pay a sum of Rs.5,000/- towards litigation expenses.

    Brief averments in the complaint:-

    2).That on 26.06.2019, the complainant purchased a sweet bread from the respondent for a sum of Rs.30/-. Though there were printings in the polythene paper, it was packed without the label showing other particulars. Further, the bread was found as old and spoiled one and the columns in the label were not fully filled in. When the petitioner asked about the absence of particulars in the label, he told him that they are selling so in the Chennai too. The act of the Opposite Party amounts to deficiency of service under Section 2(i) and (f) of the Consumer Protection Act, 1986.

    3).Further, as per Weights and Measurement Act, 1976 and Weights and Measurement Rules 1977, the particulars of name, address, net weight, date of manufacturing, date, month and year of packing should have been mentioned in the pack. Apart from it, the MRP rate and also Badge Number should be mentioned. Further as per Food Safety and Standards Act, 2006 and Rule 27(2) of Food Safety

    Page 3 of 7

    and Standards Rules, 2011, sticking of the label is compulsory. Any breach of the above Rules is liable to be fined. The Opposite Party has been selling the food articles without providing such particulars and hence he is liable to be imposed a sum of Rs.1,00,000/- as fine. Hence, it is prayed to grant the relief as it is prayed for in the complaint.

    Brief averments in the written version:-

    4).The complaint is false and it is filed with mala fide intention. The complaint is not sustainable either in law or on facts and he has to prove the same. The contention of the complainant that he purchased the bread on 26.06.2019 in the shop of the Opposite Party is false.

    5).The allegation that the polythene paper, though contained printings, it was packed without label is denied as false. In fact, the polythene container of the bread contained required particulars such as name of manufacturer and his address, date of manufacturing, date of expiry, raw materials used, details of nutrition and batch number.

    6).The allegation that bread was found as old and in damaged condition is not correct. Even the bread pocket is touched, one can feel whether it is old and in damaged condition. So, it is submitted that the complainant has put forward a false case. It is also denied as false that the Opposite Party informed the complainant that they have sold the bread in Chennai also as it is sold in his shop at Namakkal and further allegation that it amounts to deficiency of service is not correct. The Opposite Party has complied with the trade practice as per law. So, the complainant is not entitled for the relief sought in the complaint. 7).In fact, on 26.06.2019, the complainant came to the shop of the Opposite Party and purchased bread and a bill was issued to him as requested by him.

    Page 4 of 7

    Thereafter, the complainant entered inside the shop under guise of checking the eatables and caused damage and when he was warned not to do so, the complainant picked up verbal spat with the Opposite Party and then he filed this complaint in order to get publicity and frontline and there was no truth in the complaint. 8).The complainant has not produced the bread pocket before this Commission and further if the complainant is aggrieved with the expiry of the bread pocket, he could have lodged complaint before the appropriate Commission. Failure to do so leads to presumption that the complaint is false. This complaint is filed by the complainant only to retaliate the Opposite Party for the occurrence taken place in his shop. It is therefore prayed to dismiss the complaint with costs. 9).The points for consideration in this case are as follows:-

    1. Whether the complainant is entitled to get the reliefs as he prayed for in this complaint?

    2. Whether there is any deficiency of service on the part of the Opposite Party towards the complainant?

    3. To what other reliefs the complainant is entitled?

    10).On the side of the Complainant, his proof affidavit is filed and recorded and Ex.A1 and MO.1 are marked and on the side of the Opposite Party proof affidavit of the Proprietor is filed and recorded and no Exhibit is marked on his side. 11).Heard both sides and perused the records.

    POINT NO.2:

    12). It is the contention of the Complainant that he had purchased a sweet bread from the Opposite Party on 26.06.2019 for Rs.30/- as per Ex.A1 and the same was packed without required details as per MO.1 and the bread inside the cover is also

    Page 5 of 7

    in a spoiled condition and the same can't be consumed and he enquired about the deterioration in the product from the Opposite Party and he replied that even in Chennai the bread items were sold as like the Opposite Party and the bread sold by the Opposite Party is a defective good by virtue of Section 2(i)(f) of Consumer Protection Act,1986 and hence this Complaint.

    13). In the written version filed by the Opposite Party, it is admitted that on 26.06.2019, the Complainant purchased a sweet bread for Rs.30/- from the Opposite Party and denied that the bread pocket produced before this Commission is not the one which was not purchased from the Opposite Party and the Complainant prepared the same by his own for litigation purpose and the Complainant has not taken any steps to prove the defect in the bread through Laboratory test However the alleged bread pocket is marked as MO.1 without objection on 03.01.2020 on the side of the Complainant.

    14). On considering the facts and circumstances of the case, it is the duty of the Complainant to prove whether the quality of the bread he purchased was a defective one as per Sec.2(i)(f) of Consumer Protection Act 1986 which is also at Par with the sections 84 and 86 f Consumer protection Act, 2019.But he failed to do so.Hence, this Commission is of the view that there is no deficiency of service on the part of the Opposite party in this regard.

    15). On perusal of records, it is found that there is no details about the sweet bread purchased by the Complainant from the opposite Party in Ex,A1 but at the same time it is marked without objection by the Opposite Party and also the contention of the Complainant is admitted by the Opposite Party regarding the purchase of the Sweet bread for Rs.30/- on 26.06.2019 from him which carries no details about price, date of manufacturing and packing, expiry date etc.,.The same is offence

    Page 6 of 7

    under Sec 27 (2) of Food Safety And Standards Act 2006 and The Consumer Protection Act, 2019 is also not prejudice to the above Act. Hence this Commission is of the view that by virtue of Sections 100 and 101 of Consumer Protection Act,2019,there is a deficiency of service on the part of the Opposite Party.This point is answered accordingly.

    POINT NO.1:

    16). In view of the findings given in point no 2,it is held that there is a deficiency of service on the part of the Opposite Party towards the Complainant, for the failure to print the details of price, manufacturing and expiry dates etc., on the top of the bread pocket. Hence this Commission is of the view that the Opposite Party is liable to pay a compensation to the tune of Rs.5,000/- with an interest at the rate of 9% p.a to the Complainant for the mental agony caused by him due to the deficiency of service and a sum of Rs.30/- towards the purchase price of the sweet bread and a sum of Rs.5,000/- towards litigation expenses and in other respects the Complaint is liable to be dismissed. This point is answered accordingly.

    POINT NO.3:

    17). In view of the findings given in point nos,1 and 2,it is held that the Complainant is not entitled for any other relief and this point is answered accordingly.

    In the result, the Complaint is partly allowed and the Opposite Party is directed to pay a compensation to the tune of Rs.5,000/-to the Complainant for the mental agony caused by him due to the deficiency of service with an interest at the rate of 9 % p.a from 12.07.2019 on which date the Complaint was taken on file till the date of realization and a sum of Rs.30/- towards the purchase price of the sweet bread and a sum of Rs.5,000/- towards the cost of

    Page 7 of 7

    litigation which carries no interest within one month from the date of this order and in other respects the Complaint is dismissed and the MO.1 is ordered to be destroyed after the appeal time is over and there be any appeal after the disposal of the appeal.

    Dictated to the Steno-typist, transcribed by her, corrected and pronounced by us in open Court on this 20th day of June 2023.

    -Sd- -Sd-

    MEMBER-I , PRESIDENT,

    DCDRC,NAMAKKAL DCDRC,NAMAKKAL

    LIST OF WITNESSES AND EXHIBITS

    COMPLAINANT'S SIDE WITNESS:

    K.Subbarayan - Complainant-Proof affidavit is recorded

    COMPLAINANT'S SIDE EXHIBITS:

    Ex.A1 ----- Receipt issued by the Opposite Party

    Original

    OPPOSITE PARTY'S SIDE WITNESS:

    Sathyavan - Opposite Party, Proof affidavit is recorded

    OPPOSITE PARTY'S SIDE EXHIBITS: NIL -Sd- -Sd-

    MEMBER -I PRESIDENT

    DCDRC,NAMAKKAL DCDRC,NAMAKKAL

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    K.SUBBRAYAN v. PROPRIETOR,THE CAKE FACTORY
    (Jun 20, 2023)