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Showing contexts for: parle agro in Parle Agro Private Ltd. vs Punit Parikh & Ors. on 18 September, 2015Matching Fragments
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2. The O.P.No.1 & 3 have filed Appeal No. FA/14/481 and O.P.No.4 has filed Appeal No.FA/14/489 for setting aside the impugned order passed by the learned District Forum. The original of this order be retained in the file of Appeal No.FA/14/481 and it's copy be placed in the file of Appeal No.FA/14/489.
3. Briefly stated the facts of the case of the complainant are that the complainant visited Big Baazar, Branch City Center Mall, Devendra Nagar, Raipur (C.G.) on 11.09.2011 at about 17.00 hrs. and purchase some items including two packed saint juice (apple juice) of 01 Liter each . at that time the sale scheme / offer price is Rs.60/- each (approx.), M.R.P. Rs.80/- (approx.) available on each pack. The complainant get 02 pack of saint juice of 01 Liter each. The bill No.0176974 was issued and paid by the complainant. Before leaving the Mall, the complainant planned to purchase one more pack and he saw that saint juice (apple juice) has expired / best before use has passed and still then they were selling the juice. So the complainant immediately checked his purchased juice which were already expired, and best before use date has elapsed. The complainant got surprised and shocked that how the branded shop were selling the defective goods to the customers which comes in unfair trade practice and is hazardous to health. The saint juice (apple juice) which the complainant purchased was of Lot No.A-001, Manufacture/Packed dated 04.01.2011 and best before use / expiry date 03.09.2011 mentioned in the // 4 // juice packet. They were selling the goods to the customers by this way "the Big Baazar" is intentionally playing with the health of children and customers, the above descripted goods suffer from the defect and hazardous to life of customers and directly are contravention the law and OPs have adopted the unfair trade practice to sell the product to the customer by offering discounted price on the expired goods. After getting the knowledge, the complainant went to the counter and said to the OPs about the defect and expiry date/best before use. But, the complainant surprised and shocked that the person refused to take back, replace the juice, refund the price and behave rudely, harshly and replied no return/exchange/refund will be done and the OPs have to take the juice with themselves and do what you can do. Then the complainant reported the matter to the City Centre Mall Administrator / Incharge / Receptionist and they replied why they are taking the matter so seriously leave it and forget it you have not drink the juice till now, the price of the juice is very less don't make it any issued and no action of any type was taken by the Mall Authority by this way they have joined hands with the Big Bazaar for their unfair trade practice. the complainant informed and submitted the written complaint on the same day in Police Station, Devendra Nagar, Raipur dated 11.09.2011. If after drinking the expiry dated juice the chemical reaction take place and the juice is not fit for consumption and converts into poison, then the situation can go beyond the control and imagination and severe food poisoning and digestive related problems can // 5 // take place and medical bill and expenses are too high now-a-days. By selling the saint juice/fresh apple juice after expiry date/best before us the branch office, Raipur, head office the future group, Mumbai, and the manufacturer Parle Agro Pvt. Ltd. Mumbai violated and contravened the Food Safety and Standard Act, 2006, Consumer Protection Act, 1986 and Indian Penal Code. Hence the complainant filed consumer complaint before the District Forum and prayed for granting reliefs as mentioned in the complaint.