150 gm biscuit pack found to be ‘126 gm’, Kerala man wins Rs 50,000 payout

Underweight packet

The complainant said that he had purchased a packet of Parle biscuit priced at Rs 25 from a shop in Kannur. After returning home, he suspected the packet was underweight and got it weighed at a nearby shop, where it allegedly measured only 125 grams instead of the declared 150 grams. He then approached the consumer commission alleging unfair trade practice by the manufacturer.

Parle Biscuits denied the allegation, stating that its products are manufactured in fully automated plants where underweight packets are rejected during the production process. The company also argued that the complainant had never contacted it directly and claimed that the disputed packet may not be a genuine product manufactured by it. The retailer said that it was only a seller of the product and that the complainant had never approached the store for a replacement or complaint. Therefore, it prayed for the dismissal of the complaint.

During the proceedings, the disputed packet was sent to the Legal Metrology Department for examination. The department’s report found that the packet’s gross weight was 126.16 grams despite the packaging declaring a net weight of 150 grams.

After Parle reiterated that the disputed packet was not manufactured by it, the commission observed that the retailer itself had admitted the product belonged to Parle. It further noted that if the retailer’s claim had been false, the manufacturer could have initiated legal action against it, but had not done so.

“If the statement made by OP no 2 in its version that the product belongs to OP no 1 was false, OP no 1 would have taken legal action against OP no 2. Since OP no 1 has not taken any such action, it is reasonable to infer that OP no 2’s statement is true. Therefore, this conduct supports the conclusion that the product in dispute belongs to OP no 1,” the order read.

Holding both the manufacturer and the retailer liable, the commission said the retailer could not escape responsibility by merely claiming to be a seller. “Such practice of selling product having underweight is an unfair trade practice on the part of seller. The product should be weighted before it is purchased by the seller. So OP No. 2 is not exempted from liability,” the commission observed.

The commission ordered Parle Biscuit Company to pay Rs 25,000 in compensation and Rs 10,000 towards litigation costs, while directing the retailer to pay Rs 10,000 as compensation and Rs 5,000 towards litigation expenses.

Takeaway

Manufacturers and retailers can both be held liable for underweight packaged goods. A manufacturer cannot avoid responsibility merely by alleging a product is counterfeit without evidence, while retailers also have a duty to ensure the products they sell comply with declared weight and quality standards.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (Kerala: 1800–425–1550) or call the National Consumer Helpline at 1915 for assistance.