Consumer Disputes Redressal Commission, Thrissur: In a complaint filed by a consumer (complainant) against Britania Industries and Chukkiri Royal Bakery under Section 12(1) of the Consumer Protection Act, 1986 (‘CCPA’) for selling products with less than the declared quantity, the two-member bench of C.T. Sabu (President), Sreeja S. and Ram Mohan R*. (Members) ordered Britannia Industries and Chukkiri Royal Bakery to jointly and severally compensate the consumer Rs 60,000 for selling biscuit packages with significantly less weight than declared. The Commission also directed them to discontinue the illicit practice of selling articles, in quantities less than that declared or paid for or contracted for. Further, it also directed the Controller of Legal Metrology, Kerala to organise state-wide inspections to ensure compliance with the net quantity requirements for the packaged commodity in question and other products manufactured or marketed by Britannia.
Background:
The complainant purchased two packages of “Britania Nutri Choice Thin Arrow Root Biscuits” from the Chukkiri Royal Bakery on 04-12-2019 for Rs. 40/- per package. These products, manufactured by Britannia, were assured to weigh 300g each. The complainant found that one package weighed only 268g and the other 249g. Consequently, on 10-01-2020, the complainant filed a petition with the Assistant Controller, Legal Metrology, who verified and confirmed the weight shortage.
The complainant subsequently filed the present complaint with the District Consumer Disputes Redressal Commission aiming to halt the illegal practices and to seek compensation for the agony, hardship, and loss incurred due to exploitation and deception.
Issues and Analysis
(i) Whether the complainant succeeded in establishing the allegation of short weight in package?
The Commission noted that declarations made on the package by Britannia, unequivocally reveal that the declared net weight of the product namely “Britania Nutri Choice Thin Arrow Root Biscuits” is 300g. The verification dated 10-01-2020 revealed that the two packages purchased by the complainant weighed only 269g and 248g, respectively. The endorsement by the Legal Metrology Officer indicated that the gross weight of the package (including the wrapper and biscuits) was only 248g, whereas the declared net weight of the biscuits alone was 300g. Thus, a significant shortage of over 52g in the net weight.
The Commission also noted that the Department of Legal Metrology has supported the above finding. Thus, it was held that the package, manufactured by Britannia and purchased from the bakery shop, contained a significantly lesser quantity than declared.
The Commission said that the actions of the bakery in selling the complainant an article with less quantity and Britannia in manufacturing a package containing less product than declared is violative of Section 30 of the Legal Metrology Act, 2009 and thus constitutes a deficiency in service under Section 2(1)(g) of the CPA.
The Commission said that such a deceptive act from the part of an erring manufacturer or trader is tantamount to jeopardizing the very dignity of the consumer and his right to live a life free from exploitation or deception or any kind of unfair trade practice.
(ii) Whether the act of the Britania Industries and Chukkiri Royal Bakery is tantamount to unfair trade practice or whether there is any deficiency of service on their part ?
The Court said that the act of selling or causing to sell the product with less quantity than paid for constitutes an unfair trade practice.
After taking note of Section 30 of the Legal Metrology Act, the Commission said that delivering or causing to deliver any article with less quantity than paid for is punishable by a fine or imprisonment for repeated offenses. Thus, the Commission held that this act by Britania Industries and Chukkiri Royal Bakery violates Section 30 of the Legal Metrology Act, 2009, and constitutes a deficiency in service under Section 2(1)(g) of CCPA. Thus, the Commission viewed that there is a deficiency in service as well as the adoption of unfair trade practice on the part of both Britania Industries and the Bakery.
(iii) Whether the complainant is entitled to receive any compensation from Britania Industries and Chukkiri Royal Bakery ? If so its quantum?
The Commission said that Britania Industries and Chukkiri Royal Bakery’s act of delivering or causing to deliver articles with quantities less than paid for has inflicted financial loss on the complainant.
The Commission said that the complainant has experienced significant distress due to the deceptive practices of Britania Industries and Chukkiri Royal Bakery. The deceptive act compromises the dignity of the consumer and violates their right to live free from exploitation.
Thus, the Commission ordered Britannia Industries and Chukkiri Royal Bakery to jointly and severally compensate the consumer withRs.50,000/- for the financial loss, agony and hardship and Rs.10,000 towards costs, both with 9% interest per annum from the date of filing of complaint till the date of realisation. It also directed Britannia Industries and Chukkiri Royal Bakery to discontinue, with immediate effect the illicit practice of selling or causing to be sold, as the case may be, any commodities or articles, in quantities less than that declared or paid for or contracted for.
The Commission also directed the Controller of Legal Metrology to organise state-wide inspections, to ensure the net quantity compliance of the packaged commodity in question and such other products manufactured or marketed by the second opposite party manufacturer.
[GeorgeThattil v Chukkiri Royal Bakery, CC 191/20 filed on 03-03-2020, order dated 26-09-2023]
*Order by: Ram Mohan R
Advocates who appeared in this case :
Counsel for the complainant: Advocate A.D.Benny
Counsel for the petitioner: Ex-parte
