In a weird incident, ITC Ltd Food Division was directed to pay Rs one lakh to a shopper for alleged unfair commerce follow after he complained that packets of the company’s biscuit model Sunfeast Marie Light had one biscuit lesser than that marketed on the wrapper.
The District Consumer Disputes Redressal Forum, in a latest order, additionally directed the corporate to “discontinue the selling of the disputed biscuits ‘Sunfeast Marie Light’ in Batch No.0502C36 with the specific endorsement.” It dismissed the corporate’s submission that the problem made with regard to the burden of biscuits wouldn’t apply.
Complainant P Dillibabu of Chennai alleged there have been solely 15 biscuits contained in the packets as in opposition to the marketed 16. “It is argued by the learned counsel for the 1st opposite party (the company) that the product was sold only based on the weight and not on a number of biscuits. Such arguments could not be accepted as the wrapper clearly provides the information to the buyers/consumers to purchase the product only based on the number of biscuits. The potential consumer would only see the wrapper to decide the purchase of the product as the product information available on the packing influences the consumer’s buying behavior and that the product information available on the wrapper or label plays a significant role in customer satisfaction,” the order stated.
In the current case, the paramount allegation is barely with regard to lesser variety of biscuits. “Thus we answer the point accordingly holding that the 1st opposite party being the manufacturer and marketer had committed unfair trade practice and deficiency in service in misleading the consumers and that the complainant had successfully proved the same by sufficient admissible evidence,” it stated.
While Dillibabu sought to impose Rs 100 crore high quality on the corporate and the shop that bought it and Rs 10 crore as compensation for the alleged act of unfair commerce follow and deficiency in service, it stated the reliefs sought by the complainant have been exorbitant. The 2nd reverse social gathering being the shopkeeper had no function to play with respect to the discount in the variety of biscuits. “Hence, complaint dismissed against him,” it stated.
The shopper discussion board subsequently directed that Rs one lakh be given as compensation to Dillibabu by the corporate and one other Rs 10,000 in the direction of litigation bills to be paid by him. In its defence, ITC submitted that there was no deficiency or defect in the 76-gram biscuit packs of Sunfeast Marie Light in phrases of the amount that the packs have been required to keep beneath legislation.
Citing Legal Metrology Rules 2011, it contended that if a pre-packaged commodity has a declared internet amount between 50 gram to 100 gram, then a most permissible error in extra or in deficiency of 4.5 gram of the declared amount was allowed on such objects. As per the foundations, a bundle that has a declared weight of 76 g was permitted to weigh between 71.5 g to 80.5 g, it stated.
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