District Consumer Disputes Redressal Commission Kannur Holds Parle Biscuit Company Liable For Underweight Retail Products

In a significant order upholding the rights of the common consumer, the District Consumer Disputes Redressal Commission, Kannur, has penalized Parle Biscuit Company and a local retailer after finding that a marketed biscuit packet significantly failed to meet its declared net weight. The bench, led by President Ravi Susha and consisting of members Molykutty Mathew and Sajeesh K.P., ruled that the sale of underweight products constitutes an unfair trade practice and an evident deficiency in service.

The Discovery of the Discrepancy

The case originated when Asique T.P. purchased a packet of "Parle 20-20 Butter Cookies" from Metro Hyper Market on July 26, 2024. Despite the packaging claiming a net weight of 150 grams, the consumer felt the packet was suspiciously light. Upon weighing the product at a nearby facility, he found it contained only 125 grams. Seeking justice for what appeared to be a systemic issue, he filed a formal complaint with the consumer commission.

Arguments from the Manufacturing and Retail Fronts

The manufacturer, Parle Biscuit Company, strongly contested the allegations. They maintained that their operations are fully automated, utilizing machinery that naturally rejects any imperfect or underweight packets during the assembly stage. They further questioned the authenticity of the specific packet in question, suggesting it could be a counterfeit product.

Conversely, the retailer, Metro Hyper Market, admitted to the transaction but argued that they were merely the final point of sale and should not be held responsible for manufacturing defects originating at the factory level.

The Weigh-In: Legal Metrology Findings

To settle the dispute, the Commission ordered an official assessment by the Legal Metrology Department, Kannur. The resulting report confirmed the consumer's claim, recording a gross weight that validated the finding that the product was indeed underweight.

Addressing the manufacturer’s denial, the Commission observed: "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."

Key Observations of the Commission

The court was firm in its stance that both the manufacturer and the merchant hold a duty to ensure product standards.

  • "Selling a product having underweight is an unfair trade practice on the part of the seller."
  • "The product should be weighted before it is purchased by the seller. So OP No. 2 is not exempted from liability."
  • "A broader public interest order can be issued if there is evidence suggesting a recurring issue. But the manufacturer of the product, OP No.1, is directed to stop such practice."

Final Verdict and Practical Implications

The Commission allowed the complaint in part, directing the opposite parties to pay a total of ₹50,000. Parle Biscuit Company was ordered to pay ₹25,000 in compensation and ₹10,000 for litigation costs, while Metro Hyper Market was directed to provide ₹10,000 in compensation and ₹5,000 for costs.

The order mandates compliance within one month of receiving the certified copy, warning that failure to settle the amount will result in an interest rate of 12% per annum on the compensation. This judgment serves as a stern reminder to commercial entities that strict quality control and accountability are legal requirements, regardless of whether a product is sold through automated systems or middle-tier retailers.