{"id":260693,"date":"2022-01-27T17:30:34","date_gmt":"2022-01-27T12:00:34","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=260693"},"modified":"2022-02-04T13:27:46","modified_gmt":"2022-02-04T07:57:46","slug":"plastic-pieces-found-in-slices-of-bread-but-compensation-denied-to-consumer","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/01\/27\/plastic-pieces-found-in-slices-of-bread-but-compensation-denied-to-consumer\/","title":{"rendered":"Plastic pieces found in slices of bread, but compensation denied to consumer. Read why NCDRC set aside State Commission’s order of compensation"},"content":{"rendered":"

National Consumer Disputes Redressal Commission (NCDRC): <\/strong>Ram Surat Maurya (Presiding Member) addressed a matter wherein Britannia was alleged to have pieces of plastic in its bread, but the complainant failed to prove that the bread was manufactured by the said company.<\/p>\n

The present appeal was filed from the order of State Consumer Disputes Redressal Commission allowing the complainant and holding them as guilty of compensating negligence in preparing the bread and directing to pay Rs 2.51 lakhs as compensation.<\/p>\n

The complainant was a medical practitioner who purchased one packet of \u201cBritannia Premium Bake Super Soft Deluxe Bread\u201d for his guests including one child at his residence. When the bread was served for consumption, the complainant noticed a few plastic pieces embedded inside several slices.<\/p>\n

In view of the above, the complainant prevented his guest from having the bread and lodged a complaint at the Mumbai office of the OP. The officer of the OP came to the residence of the complainant and on examining the slices confirmed that there were plastic pieces inside the slices.<\/p>\n

On the complainant\u2019s insistence, he was given in writing that \u201cprima facie paper-like body was seen in a number of slices.\u201d<\/p>\n

After the analysis in laboratory, a letter was sent to the complainant wherein it was written that \u201cIt is possible that during production, a new unchecked mould might have found its way without cleaning by air-blast, which is the rarest of the incidence.\u201d<\/p>\n

When the complainant made several correspondences with the officers of the OP, they vide a letter disowned the packet of the bread, being the packet of the OP.<\/p>\n

After protesting against the analysis report, the complainant did not receive any response and a complaint raising the allegation of negligence by OP was filed.<\/p>\n

State Commission on perusal of the facts on record found the OP to be guilty of committing negligence in the manufacture of the bread.<\/p>\n

Analysis and Decision<\/span><\/h4>\n

Commission on perusal of records noted that the complainant neither produced the wrapper of the bread nor sample of bread for its analytic report before the State Commission. The burden of proof was upon the complainant to prove that:<\/p>\n