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MAHARASHTRA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, NEW BOMBAY
Hon’ble Mr. Justice G.G. Loney, President;
Mr. M.G. Gavai, Member; Ellen Dharkar, Member
ACHALA C. DALVI—Appellant
versus
LIPTON INDIA LTD. & ORS.—Respondents
Appeal No. 27/90—Decided on 26.10.1990
A product is considered defective under the Consumer Protection Act, 1986 if it contains foreign matter.
Headnote:
CONSUMER PROTECTION ACT, 1986 - SECTION 2(1)(f) - DEFECTIVE GOODS - TEA PACKET CONTAINING FOREIGN SUBSTANCE - LIABILITY OF MANUFACTURER - INTERPRETATION OF SECTION 14(1)(e) OF THE ACT.
Fact of the Case:
The appellant purchased a packet of tea manufactured by the respondent and found small crystal-like stones in it. She informed the respondent, who sent a representative to examine the packet but it was not handed over to him. The appellant got the tea packet examined by a laboratory, which confirmed the presence of foreign matter. The appellant filed a complaint before the District Forum, which dismissed it on the ground that no cause of action was available to the appellant as the tea packet was replaced.
Finding of the Court:
The National Commission allowed the appeal and held that the tea packet purchased by the appellant was defective within the meaning of Section 2(1)(f) of the Consumer Protection Act, 1986. The Commission also held that the dismissal of the complaint by the District Forum on the technical ground under Section 14(1)(e) of the Act was not correct.
Issues: Whether the tea packet purchased by the appellant was defective.
Ratio Decidendi: The Commission held that the tea packet purchased by the appellant was defective within the meaning of Section 2(1)(f) of the Consumer Protection Act, 1986, as it contained foreign matter. The Commission also held that the dismissal of the complaint by the District Forum on the technical ground under Section 14(1)(e) of the Act was not correct, as the tea packet was replaced by the respondent as a courtesy and not as a redressal of the grievance of the appellant.
Final Decision: The Commission allowed the appeal and set aside the order of the District Forum. The Commission also directed the respondent to pay costs of Rs. 500/- to the appellant.
G.G. Loney, President—Being aggrieved by the dismissal of her complaint by the District Forum, Bombay, the appellant has preferred this appeal. In short, the facts of this case are that on 17.7.1989 the appellant had purchased one packet of tea weighing 250 gms. manufactured by Lipton India Ltd., (the Opponent No. 1) from shop of Opponent No. 2. The said packet was opened for preparing tea on 21.7.89 by the appellant. She found small crystal like stones in the packet. After the boiling of the tea leaves in water, the mixture turned violet in colour. Finding it unusual, the tea packet was kept in the same condition and Lipton India Ltd. was informed by a letter dated 16.7.1988. The complainant also requested the opposite- party No. 1 to investigate and inform her of any further result of the investigation. The opposite- party No. 1 replied to the said letter by sending a reply dated 29.7.88. In that reply they gave assurance that they will send their representative to the complainant with a fresh replacement of the product. In fact, in letter dated 3.8.89, the opposite party No. 1 expressed regret for some foreign material being found in the tea packet. Thereafter, on 3.8.89, Mr. C.T. Desai, D.S.M. of the Lipton India Ltd. called on the complainant and was shown the foreign matter in the tea packet However, that packet was not handed over to Mr. C.T. Desai, by the complainant. It appears that the complainant thereafter, got that tea packet examined through Italab Pvt Ltd., Bombay. The report of the examination of disputed tea packet dated 8.12.89 shows that there were occasional presence of some foreign matter other than the tea leaves. Much correspondence ensued between the parties. Ultimately, on 2.3.90, the complainant filed the complaint before the District Forum, Bombay claiming unconditional apology from the Lipton India Ltd. to be published in the newspapers. The complainant also claimed that the opposite party No. 1 should pay Rs. 10,000/- to the charitable institution named by the President and to circulate these papers to all the share holders of the Company. The opposite party No. 1 opposed the complaint on various grounds. The Company denied the allegations of finding of foreign matter in the tea leaves and prayed for dismissal of the complaint. The learned District Forum, Bombay dismissed the complaint on the ground that no cause of action was available to the complainant to lodge the complaint as soon as the tea packet was replaced.
2. We have heard Shri Shah for the appellant and Shri R.A.K. Najam-Esani. Shri Desai the learned Counsel appearing for the appellant submitted that after finding the crystal like substance in tea packet on its opening on 21.7.89, same day, the complainant reported to the Lipton India Ltd. According to Shri Shah, when Shri G.B. Desai of Lipton India Ltd. visited complainant’s house on 23.9.90, the complainant’s husband shown the disputed tea packet containing foreign matter. According to Shri Shah, when the meeting of Shri G.B. Gupta was communicated to the Lipton India Ltd., the reply came be lately for the first time on 12.12.89 denying the allegations of finding foreign matter in tea packet According to Shri Shah late denial of the examination of tea packet by Shri G.B. Desai is after thought and deliberate. It has been further argued that there was no reason for the complainant to make the false complaint against the Company of which she is a share holder. It has been further argued that the fact that the foreign substance was found in the tea packet has been subsequently corroborated by the report of analysis dated 8.12.89. The said report show that the occasional presence of some foreign matter presumably dried plant leave other than tea leaves. It has been, therefore, submitted that on account of the finding of the foreign matter in the tea packet its purity and standard was affected. According to Shri Shah, the tea leaves were defective and, therefore, according to him, the
