RECKITT BENCKISER (INDIA) LIMITED Vs. MANISH KUMAR

JUDGEMENT

(1.) THE respondent had purchased 6 packets of RobinPowder (eachpacketcontaining400 gram Robin powder) on 3.9.2004 from M/s. Sodhi Sales Corporation, Mansa (respondent No. 1 in the original complaint but not impleaded in the appeal) (in short "the Seller"). However, the respondent got suspicious that the weight of the material was less although it was represented to be 400 grams in each packet. The respondent got it weighed. It was found that the weight of the Robin powder was less than 400 grams.

(2.) IT was further pleaded that the respondent went to the seller on 9.9.2004 and lodged the complaint. On the asking of the Seller, the respondent talked to the appellants who were the manufacturers. Despite repeated requests made by the respondent to the seller and to the appellants, he could not get any relief. Hence, the complaint for compensation amount of Rs. 50,000 for mental and physical harassment, Rs. 10,000 compensation for business loss. Costs and interest were also prayed.

(3.) THE seller filed the written reply. It was admitted that the respondent had purchased 6 packets of Robin powder on 3.9.2004 from him. Each packet was supposed to contain 400 grams of Robin powder. It was denied for want of knowledge if the Robin powder in each packet was found less.It was admitted that the respondent had lodged the complaint with the Seller on 9.9.2004 and on the asking of the Seller, the respondent had talked to the appellants. All other facts were denied for want of knowledge and dismissal of the complaint was prayed.