PUNJAB MILKFED Vs. RAJINDER K SINGLA

JUDGEMENT

(1.) Punjab Milkfed & others (hereinafter referred to as the 'Petitioner') have filed this revision petition against the order of the State Consumer Disputes Redressal Commission, UT Chandigarh (hereinafter referred to as the 'State Commission') in Appeal No.508/2007 which was decided in favour of Dr.Rajinder K.Singla, Respondent herein.

(2.) In his complaint before the District forum, Respondent had stated that on 28.10.2002 he had purchased a 500 ml. of Verka Shakti Milk pouch marketed by the Petitioner/Federation. Being suspicious about the weight of the pouch, Respondent got it weighed from the market and found that it weighed 360 ml. whereas in the pouch it was stated that the weight was 500 ml. He, therefore, contacted the Petitioner/Federation and complained to them about their milk pouch being underweight but the Petitioner/Federation did not pay much heed and Respondent, therefore, approached the Controller, Weights & Measures, Chandigarh who weighed the pouch in the presence of the Respondent as well as the representative of the Petitioner and found that it weighed 360 ml. only instead of 500 ml. Respondent, therefore, filed a complaint on grounds of deficiency in service and unfair trade practice before the District Forum and requested that Petitioner be directed to pay the Respondent, Rs.4 lakhs towards compensation for deficiency in service, Rs.40,000/ - for mental agony and harassment with interest @ 18% per annum and Rs.5,500/ - as litigation costs.

(3.) The above allegations were denied by the Petitioner who stated that automatic machines had been installed by the Petitioner/Federation for packaging the milk to ensure that these are properly done as per the specifications noted in the packets. In the instant case, it appears that the sealing of the milk pouch in question was tampered with and was not of Petitioner's plant since it was slanted and the sealing done in the Petitioner's plant is always straight. Further, Respondent has not been able to give details regarding the address from where the alleged underweight milk pouch was purchased or the name of the shopkeeper as also other details.