Selling a product that is underweight compared to the declared weight on the packaging constitutes an unfair trade practice, making both the manufacturer and the retailer liable for compensation to the consumer.

ORDER

SMT. RAVI SUSHA : PRESIDENT

Complainant filed this complaint for getting an order directing opposite parties to pay compensation alleging unfair trade practice on the part of opposite parties.

The complainant's case is that on 26/7/24 complainant went to 2nd OP's shop and purchased a Parle product ie, Parle biscuit packet. When he reached at home, he felt that the packet is under weight. So, he went to nearby shop and on taking the weight it was found that the Biscuit packet, which was supposed to contain 150 gms, actually contained only 125gms. Complainant alleged that there is clear unfair trade practice on the part of Parle Biscuit Company. Hence this complaint.

After receiving notice OPs 1&2 filed their version. 1st OP Parle Biscuit company submitted that they are in the biscuit manufacturing field for the last several decades. They manufacture biscuits in a fully automated plant where the biscuits right from the mixing dough, baking, cooling and packing are manufactured by machines, untouched by human hands and even if admitting it is found that any packets are not wrapped, packed, found to be underweight are rejected at the machinery assembly line itself. It is submitted that, the 1st OP did not cheat any of its customer including the complainant. 1st OP neither committed any unfair trade practice to the complainant hence not liable to pay any compensation to the complainant. In fact, the complainant had never contacted the company to resolve his complaint. 1st OP doesn't know the alleged packet is a genuine product or not. Therefore, in the absence of any documentary evidence the complaint is liable to be dismissed.

Further filed additional version stating that the disputed product allegedly purchased by the complainant might be fake one, which is not manufactured by1st OP.

OP No.2 submitted that on 26/7/24 the complainant had purchased a Parle 20-20 Biscuit. It is submitted that they are only retailers of the products manufactured by other company. It is submitted that OP No.2 came to know about the underweight of the product in dispute only through this complaint. It is stated that the complainant never approached them to inform about the underweight of the product or to get replace it. It is submitted that they never tried to cheat the complainant by selling an under weight product. It is further submitted that if there is any underweight, the responsibility for it lies to OP No.1 as the manufacturing company of the product. Hence prayed for the dismissal of the complaint against OP No.2.

Complainant filed his chief affidavit and documents. Examined as PW1. Marked ExtsA1& A2. Ext.X1 and the Biscuit packet as MO1. Ext. X1 is the lab report obtained from Legal Metrology, Kannur, taking the gross weight of the packet. PW1 was cross examined by OP No.1. From the side of OPs no evidence was adduced. After that the learned counsel of complainant and 1st OP filed argument notes.

Here the undisputed facts are that complainant purchased a Parle Butter Cookies from 2nd OP's shop on 26/7/2024 and paid Rs.25/- for the biscuit.

Complainant's allegation is that the product purchased as per Ext. A1, tax invoice was manufactured by 1st OP company and on weighing the packet was found net weight as 125 gm instead of its actual weight 150 gm mentioned over the packet, i.e., it is underweight.

In order to prove the said allegation, as per the application filed by the complainant, the whole packet including biscuits was sent to Legal Metrology for taking the net weight. Ext. X1 is the report submitted by Legal Metrology Department, Kannur. On perusal of Ext. X1, it is revealed that "ഇന്ന ഓഫീസിൽ ഹാജരാക്കിയ പാർലെ ബിസ്കറ്റ് (PARLE 20-20 BUTTER COOKIES New Improved , PKD.1/24 BATCH. MD C USE BY: 2/10/24 09:25 MRP ₹ 25/-(₹0.17/g(Inclusive of all taxes), Net Weight: 150g Manufactured For: Parle Biscuits Pvt Ltd, North Level Crossing,Vile Parle East,Mumbai, MH-400057 എന്നീ രേഖപ്പെടുത്തലുകൾ ഉള്ള പാക്കറ്റിൽ ഉള്ളടക്കം ചെയ്തത് പാക്കറ്റ് വകുപ്