Rupees 1 Lakh was paid for just one piece of biscuit not by the consumer but by the company. After a consumer claimed that packs of the company’s Sunfeast Marie Light biscuit brand included one less biscuit than was indicated on the wrapper, the district consumer forum in this location ordered ITC Ltd Food Division to pay the consumer a sum of one lakh rupees as compensation for suspected unfair trade practices.
The District Consumer Disputes Redressal Forum, in a recent order, also directed the company to “discontinue the selling of the disputed biscuits ‘Sunfeast Marie Light’ in Batch No.0502C36 with the specific endorsement.” It rejected the company’s argument that the challenge brought forth regarding biscuit weight would not apply. According to Chennai resident P Dillibabu, who filed the complaint, there were only 15 biscuits inside the packs, not the advertised 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 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 said.
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The primary accusation in this case solely relates to a smaller quantity of cookies. “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 said.
While Dillibabu requested to impose a 100 crore punishment on the corporation and the retailer that sold it, as well as 10 crore as restitution for the accused act of unfair trade conduct and service deficiency, it claimed the complainant’s requests for redress were excessive.
The shop owner, the second opposing party, had nothing to do with the decrease in the amount of biscuits. As a result, the complaint against him was dismissed, it read. The consumer council subsequently ordered that the corporation give Dillibabu one lakh rupees as compensation and another 10,000 rupees as payment for his legal fees.
ITC said in defense that there was no shortcoming or flaw in the 76-gram Sunfeast Marie Light biscuit packets in terms of the quantity that the packs had to maintain by law.
Legal Metrology Rules 2011, it was said, stated that a maximum permitted mistake in excess or in deficiency of 4.5 gram of the declared quantity was allowed on such products if a pre-packaged commodity’s declared net quantity ranged from 50 gram to 100 gram. It stated that a package with a declared weight of 76 g was allowed to weigh between 71.5 g and 80.5 g in accordance with the regulations.
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