DARSHAN SINGH AHUJA Vs. HAMDARD (WAKF) LABORATORIES

JUDGEMENT

(1.) IN this appeal filed against judgment and order dated 19.1.2004 passed by District Consumer Disputes Redressal Forum -II, U.T., Chandigarh (for short hereinafter to be referred as District Forum) in Complaint Case No. 119 of 2004, the sole question, which is to be considered and adjudicated is whether the respondent M/s. Hamdard (Wakf) Laboratories manufactured its goods in the name of Sharbat Rooh Afza being defective in nature and as such a defective good was manufactured by the respondent No. 1 -manufacturer and sold to the appellant/complainant by the respondent No. 2 -dealer M/s. Ravi Stores, Shop No. 20 -21, Sector 14, PU Campus Market, Chandigarh.

(2.) THE District Forum dismissed the complaint on the ground that the appellant failed to prove that he had purchased the bottle of Sharbat Rooh Afza from respondent No. 2/O.P. No. 2 and, as such, he was not a consumer vis -a -vis the respondents.

(3.) BOTH the O.Ps./respondents categorically denied the purchase of the two bottles of Sharbat Rooh Afza by the complainant. The dealer/respondent No. 2 in the written statement has taken a plea that the allegations made by the complainant regarding the second bottle, which is claimed to be hazardous to health as they might have contained some serious and mysterious disease because the colour of its contents had turned jet black, is inherently contradictory inasmuch as the purchase of the bottle is alleged to have been made in the month of April 2002 whereas the contents of para 9 of the complaint show that the packing date of the bottle was May 2002.