IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

Present:Hon’ble THIRU JUSTICE R.SUBBIAH:PRESIDENT F.A. No. 517 of 2023 (Against the order dated 30.11.2022 passed in C.C.No.28 of

2021 by the DCDRC., Coimbatore.)

Monday, the 30^thday of September 2024 S. Jayaraman S/o. Shanmuga Nadar

6/125, 3^rd Street P.M. Samy Colony R.S. Puram Coimbatore – 641 002. ... Appellant/Complainant - Vs –

1. The Manager, Nilgiris, SNV Holdings Pvt. Ltd., 67-1A Maruthamalai Main Road, Vadavalli, Coimbatore – 641041.

2. The Customer Care, AVA Condiments Ltd., 1583 J Block, 15th Main Road, Anna Nagar, Chennai - 600 040. ...Respondents/Opposite Parties Counsel for Appellant/Complainant: Mr. S.Jayaraman/PIP Counsel for the 1^st Respondent : M/s.A.Rithvik Counsel for the 2nd Respondent : M/s. K.M.Vijayan Associates This appeal came up before me for hearing today (30.09.2024) and on hearing the arguments of the appellant/ complainant in person, and the counsel for the Respondents/ opposite parties and on perusing the materials on record, this Commission made the following Order in the Open Court :-

ORDER

R.SUBBIAH J., PRESIDENT (Open Court)

This appeal has been filed by the complainant under Section 41 of the Consumer Protection Act, 2019, as against the order dated 30.11.2022 passed in C.C.No.28 of 2021, by the District Consumer Disputes Redressal Commission, Coimbatore, dismissing the complaint filed by the appellant herein.

The Appellant herein is the Complainant and the Respondents are the opposite parties before the District Commission. For the sake of convenience, the parties in the course of this order will be referred as per their respective rankings before the District Commission.

2. The case of the complainant, as given in the complaint filed before the District Commission, is as follows:-

The complainant had purchased Melam Ginger Powder along with some other products, on 13.05.2020, from the 1st opposite party Super Market under Bill No.03/2991. On the packet of the Melam Ginger Powder the manufacturing date was mentioned as 02/2019 and the expiry date was 01/2020. Hence, the Melam Ginger Powder, which was purchased by the complainant from the 1^st opposite party Super Market on 13.05.2020, had lost its life on the date of its purchase itself. Since, the complainant could not use the said product, he suffered mental agony. The said act of the 1st opposite party, in selling the products of which the life period had expired and making money is unfair trade practice and is against Section 2(1)(r) of the Consumer Protection Act. Hence, the complainant sent a letter dated 16.05.2020 to the 1st opposite party by register post. Though the 1st opposite party had received the said letter they had neither given any reply nor any explanation. The act of the 1^st opposite party would amount to deficiency of service and unfair trade practice. Thus, alleging deficiency of service and unfair trade practice the complainant has filed the complaint, claiming the following directions:

a) to direct the 1st opposite party to pay Rs.75/- the cost of the Melam Ginger Powder with 12% interest;

b) to pay a sum of Rs.10,000/- towards transport and litigation expenses;

c) to pay a compensation of Rs.20,000/- towards mental agony; and d) to pay Rs.2,00,000/- to the District Consumer Legal Aid Services.

3. Resisting the said case of the complainant, the 1^st opposite party had filed a written version stating that they are having departmental stores in various branches in and around Coimbatore. The complainant is a seasoned litigant who has filed various frivolous complaints before the District Commissions and other higher forums and the said forums have passed strictures as against the complainant for preferring frivolous complaints in order to coerce the opposite parties and to make a speculative gain. The present complaint is also like that, in order to make a speculative gain and to coerce the 1st opposite party. The present complaint does not have a valid cause of