State Consumer Disputes Redressal Commission
Kishor Saudagar Sirsath vs Sachin Subhash Agrawal, on 19 October, 2010
1 F.A.No.:535/2008
Date of filing :21.05.2008
Date of order :19.10.2008
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, CIRCUIT BENCH AT AURANGABAD.
FIRST APPEAL NO. :535 OF 2008
IN COMPLAINT CASE NO.:288 OF 2007
DISTRICT CONSUMER FORUM :OSMANABAD.
Kishor Saudagar Sirsath,
R/o Hadco, Tuljapur, Tq.Tuljapur,
Osmanabad. ...APPELLANT
(Org.Complainant)
VERSUS
1. Sachin Subhash Agrawal,
R/o Ambedkar Chowk, Tuljapur,
Tq.Tuljapur, Dist.Osmanabad.
2. Parle Biscute Pvt.Ltd.,
V.S.Khandekar Marg,
Wile-Parle Marg(West) Mumbai,
Tq. & Dist.Mumbai. ...RESPONDENTS
(Org.Opponents)
CORAM : Mrs.Uma S.Bora, Hon`ble Presiding Member.
Mr.K.B.Gawali, Hon`ble Member.
Present : Adv.Shri.N.B.Jadhav for appellant, None for respondent.
O R A L O R D E R Per Mrs.Uma S.Bora , Hon`ble Presiding Member.
1. Org.Complainant challenges in this appeal the order passed by Dist.Forum, Osmanabad on 17.4.2007 in complaint case No.288/07.
2. The facts of the complaint are as under.
Complainant purchased Parle Biscuit packet of 100 gm. On 3.10.2007 from respondent No.1 Sachin Agrawal, Tuljapur. It was 2 F.A.No.:535/2008 revealed by complainant that said packet is less than minimum weight as expected. Therefore he informed the said fact to respondent No.1 and thereafter approached Dist.Forum for complaint of unfair trade practice.
3. Both the respondents i.e. seller of biscuit and producer Parle company appeared before the Forum and denied the claim.
4. After hearing all the parties Dist.Forum directed respondent No.1 to pay Rs.5000/- as compensation to the complainant.
5. Dissatisfied with the said judgment and order org.complainant came in appeal for enhancement of compensation.
6. Notices of final hearing were issued to respondent. Adv.Shri.D.M.Mane had appeared on behalf of respondent No.2. Today on the date of hearing Adv.Shri.N.B.Jadhav appeared on behalf of appellant, none appeared on behalf of respondents. We heard Adv.Shri.Jadhav for appellant. He submitted that he filed complaint with intention to prevent unfair trade practice committed by renown company of Parle biscuit.
7. We heard argument. Dist.Forum while granting compensation rightly considered all the facts and record. Seller of biscuit Shri.Sachin Agrawal has not preferred the appeal. He is authorised dealer of Parle biscuit. Therefore compensation granted by Forum is proper. We do not want to enhance compensation. In view of above circumstances we are inclined to dismiss the appeal. Hence we pass the following order.
O R D E R
1. Appeal is dismissed.
2. No order as to cost.
3 F.A.No.:535/2008
3. Pronounced and dictated in the open court.
4. Copies of the judgment be issued to both the parties.
K.B.Gawali, Mrs.Uma S.Bora Member Presiding Member Mane