Biscuit packet comes for Rs 10; and damages Rs 54,000

Holding them responsible for deficiency in service, the Punjab State Consumer Disputes Redressal Commission has ordered payment of Rs 29,000 as compensation to a consumer and Rs 25,000 to the Consumer Legal Aid Trust of the Ludhiana District Consumer Forum.

Parshotam Das Sharma, a resident of Civil Lines in Ludhiana, had bought a ‘Parle Marie’ biscuit packet for Rs 10 on June 3, 2010. On opening it, he found a jute string inside one biscuit. He sent a legal notice to the company, but got no response. Thereafter, he filed a complaint in the district consumer forum.

Parle opposed the complaint, saying that they could not be held liable for any deficiency as they had granted licences to certain entities in India for the preparation, packaging and supplying of certain products. In this case, Zeal Foods Pvt Ltd had manufactured the biscuit.

Notices were issued to Zeal Foods Pvt Ltd, but no counsel or representative appeared before the consumer forum and the case was, therefore, proceeded ex parte.

In an order on March 14, 2011, the consumer forum ordered the biscuit company and its authorised manufacturer to pay Rs 10,000 as compensation to the consumer and Rs 40,000 to the Consumer Legal Aid Trust. The biscuit company challenged the order in the consumer commission while Sharma filed an appeal for higher compensation.

In its order, the commission, presided over by J S Klar, said, “The complainant has presented a copy of the bill issued by a departmental store which shows that he had purchased a packet of Parle Marie biscuits. Further, he has placed on record two photographs of the biscuit and the packet, the copy of the legal notice sent by him to Parle and the copies of the acknowledgement he received from the company.’’

The bench noted that “the opposite parties have not rebutted nor presented any evidence to contest that the biscuit in the complainant’s photograph is not manufactured by them. Laboratory examination is generally required to test the substance, but this rule has some exceptions and we find that further examination would not be of much consequence except wastage of time”.

Holding the company and the manufacturer responsible for deficiency in service, the commission ordered them to pay Sharma Rs 25,000 as compensation and Rs 4,000 towards litigation cost within a period of 45 days with 9 per cent interest. Also, they were directed to pay Rs 25,000 to the Consumer Legal Aid Trust of Ludhiana.