- (1.) This appeal arises from the interim orders dated 9 December 2015 and 10 December 2015 of the National Consumer Disputes Redressal Commission ("NCDRC").
(2.) By the first of the above orders, the NCDRC issued the following interim directions for sampling the product "MAGGI Noodles" in nine variants for testing with reference to the quantity of lead and Mono Sodium Glutamate (MSG). The operative portion reads as follows:- "i) Shri L.N. Arora, an officer of this Commission, shall on 14th December 2015, at 11:00 am, open the cartons containing the packs, the batch numbers and date of manufacture from which were noted by the Local Commissioner Shri S. Hanumantha Rao and shall randomly pick up (i) one pack bearing March 15/D (ii) one pack bearing April 15/D (iii) one pack bearing May 15/D (iv) one pack bearing 04.2015/H (v) one pack bearing 03.2015/H (vi) one pack bearing Feb. 2015, (vii) one pack bearing Feb. 15/D and (viii) one pack bearing 05.05.2015/B as the date of manufacture. He will also pick up the packs bearing Feb. 15/A, March 15/A, 11.03.2015, 02.04.2015/B, 05.02.2015, March 15, 03.04.2015/B and May 2015/G as the date of manufacture. He will thus pick up 16 packs in all, out of the packs from which batch number and date of manufacture were noted by the Local Commissioner Mr. Rao. ii) The packs picked up by the officer of this Commissioner shall be kept by him in a clean and dry box which shall be signed by him as well as the parties present at the time of his visit and then kept in a container which will be duly packed by him and also signed by him as well as the parties present at the time of his visit. He will carry a seal of this Commission and seal the box as well as the container with the said seal. The samples shall thus stand duly sealed and authenticated. iii) The officer of this Commission shall also prepare a forwarding letter addressed to the Director of Export Inspection Agency, Mumbai, duly sign the same and obtain specimen signatures of the parties present at the time of his visit on the aforesaid forwarding letter, requesting him to get the aforesaid 16 samples tested and analyzed in terms of this order, within two weeks from the receipt. iv) The officer of the Commissioner shall then carry the carton containing the box of samples to Export Inspection Agency, Mumbai alongwith the forwarding letter prepared by him and signed by the parties present at the time of his visit and deposit the said samples with the laboratory alongwith the forwarding letter, under due acknowledgement. The forwarding letter will also contain the request to the Director, Export Inspection Agency, Mumbai to compare and tally the signatures on the carton and the box containing samples with the signatures on the forwarding letter, and to carry out analysis in terms of this order, only if the signatures on the forwarding letter match with the signatures on the box and the carton. v) Export Inspection Agency, Mumbai shall test and analysis the samples deposited by the officer of this Commission within two weeks of receiving the said samples and report the quantity if any of the Lead and MSG found in the Maggi noodles and/or the tastemaker kept in a small sachet, inside the pack of Maggi noodles and send its report to this Commission at the earliest. vi) The officer shall get the entire proceedings videographed with the help of a Videographer to be arranged by the complainant. He shall prepare his report on the spot, obtain signatures of the parties present on the spot at the time of inspection on those proceedings and file the same along with his report. The officer shall be paid such fee as may be fixed by this Commission, after hearing the learned Additional Solicitor General. All the expenses to be incurred by the officer for compliance of this order including his boarding, lodging and transportation shall be borne by the complainant."
(3.) Subsequently by its order dated 10 December 2015, NCDRC issued further directions. Aggrieved by these directions, the present appeal was moved before this Court.;