Decided on March 06,2006

URMILA RANI Respondents


J.D.KAPOOR, J - (1.) IN aforesaid two appeals arise from impugned order dated 28.1.2000. passed by the District Forum and, therefore, shall stand decided by this single order.
(2.) THE appellants M/s. Kanhiya Lal Radhey Sham is a shopkeeper from whom the respondent purchased one sealed tin of mustard oil manufactured by appellant M/s. Parivar Agro Industries which on consumption resulted in Dropsy disease.
(3.) ON account of having sold adulterated mustard oil, resulting in Dropsy disease, both the appellants have been held jointly and severally liable for having sold a defective and adulterated article and directed to pay Rs. 2,75,000 as compensation. Feeling aggrieved, they have preferred this appeal. The case of the respondent/complainant before the District Forum in brief was as under: That respondent purchased a sealed tin of mustard oil for Rs. 760 on or about 6.8.1998 from M/s Kanhiya Lal Radhey Sham whose proprietor/partner is Mr. Kanhiya Lal. This tin bore the lable of Agmark, Parivar, Kachi Ghani Mustard oil manufactured by M/s. Parivar Agro Inds., B -8, Sector 7, NOIDA. The shop -keeper represented at that time that the tin contained genuine Kachi Ghani Mustard Oil of ˜Parivar Brand. She consumed the oil quite a few times during the period 6.8.1998 upto the first week of September, 1998 by cooking vegetables and frying pakoras in it and by also putting some of its in the Mango Achar. This caused serious problems to her inter alia, like loose motions, swelling/edema of legs and feet and pain therein, fever, haziness in sight which was sometimes of a very high order, reddening of eyes and severe pain therein at short intervals. She also felt too weak to walk and her legs trembled whenever she tried to walk. Occasionally she also felt chest pain. Learning that the said symptoms could be caused by consumption of adulterated Mustard Oil containing argemone oil. She on 7.9.1998, applied to the Director, Directorate of Prevention of Food Adulteration, Food Laboratory, Government of NCT of Delhi at A -20, Lawrence Road Industrial Area, Delhi -35 for testing of the sample of mustard oil which she had taken out of the said tin of ˜Parivar Brand. She also deposited the requisite fee of Rs. 20 with the said Directorate, for the purpose. After testing, the Directorate of Prevention of Food Adulteration, Food Laboratory, Govt. of NCT of Delhi gave her their report No. PA/ Lab/98/421 dated 8.9.1998 that the analysis of oil sample showed presence of argemone oil. ;

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