State Consumer Commission Revives Dadar Resident's Complaint Over Rs 30 Chakali Bill
The Maharashtra State Consumer Disputes Redressal Commission has set aside a previous dismissal and revived a complaint filed by a Dadar resident against a retailer at CST Subway in Mumbai over an incomplete receipt for a Rs 30 packet of chakali.
The State Commission ruled that the District Consumer Commission, South Mumbai, had erred in rejecting the matter in 2017 at the admission stage. The higher consumer body observed that the lower commission's order was "cryptic" and showed no application of mind.
The appeal was initiated by Vincent D'Souza against Shreeji Foods, an outlet located at the CST Subway. D'Souza had originally approached the consumer forum after purchasing a packet of chakali for Rs 30. He alleged that the receipt issued to him failed to mention essential information, including the name of the product, its manufacturing date, expiry date, or weight. He also alleged that he was charged an excess amount for the purchase.
On November 17, 2017, the District Consumer Commission, South Mumbai, dismissed D'Souza's complaint at the admission stage itself. The district forum held at the time that the issue did not fall under the provisions of the Consumer Protection Act and concluded that there appeared to be no deficiency in service.
Dissatisfied with the dismissal, D'Souza appealed before the State Commission. While D'Souza represented himself in person during the appeal proceedings, a representative for Shreeji Foods appeared before the bench but did not submit any formal response or arguments.
Upon reviewing the computer-generated receipt submitted by D'Souza, the State Commission noted that it merely recorded a sale of one item for Rs 30 without any description of the article. The receipt contained no details regarding the product name, manufacturing date, expiry date, or net weight, nor did it reflect any GST charge.
The bench stressed that leaving out these details deprived the consumer of crucial information concerning a food product. It held that it is the mandatory duty of the seller to provide full details of any article sold, including its manufacturing and expiry dates.
Holding that D'Souza had established a valid case for admission, the State Commission allowed the appeal and quashed the November 17, 2017 order. It directed the South Mumbai District Consumer Commission to formally admit the complaint and take necessary measures to secure the presence of Shreeji Foods to proceed with the trial according to law.
