Thrissur District Commission Holds Britania And Its Seller Liable For Deficiency In Service For Selling Underweight Biscuit Packets

The District Consumer Disputes Redressal Commission, Thrissur (Kerala) bench of Sri C.T. Sabu (President), Smt. Sreeja S. (Member) and Sri Ram Mohan R. (Member) held Britania and Chukkiri Royal Bakery (Seller) liable for selling underweight biscuit packets, which constituted a violation of both the Legal Metrology Act and the Consumer Protection Act, 1986. 

Brief Facts:

The Complainant purchased two packages of "Britania Nutri Choice Thin Arrow Root Biscuits" from Chukkiri Royal Bakery (“Seller”) by paying Rs. 40/- for each package. The biscuits were manufactured by Britania Industries (“Britania”). Each package was assured to be 300g. The markings on the packages read “PKD-12-11-2019, LOT No: A1119HO, Machine Code 303A”. However, the Complainant found that one package weighed only 268g and the other 249g. The Complainant filed a petition before the Assistant Controller, Flying Squad, Legal Metrology, Thrissur. The Assistant Controller verified and confirmed the weight shortage. 

Subsequently, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Thrissur, Kerala (“District Commission”). Notices were issued to Britania and the Seller. However, both failed to file their written statements before the District Commission. Therefore, they were proceeded against ex-parte.

Observations of the Commission:

The District Commission observed that the shortage in net weight of both packages was confirmed by the Legal Metrology Officer. As against 300g, the packages weighed 269g and 248g, respectively. As per the District Commission, selling of underweight products amounted to unfair trade practices. 

The District Commission referred to Section 30 of the Legal Metrology Act, 2009, which prohibits selling articles with less quantity than paid for. It was held that both Britania and the Seller violated this section, constituting a deficiency in service under the Consumer Protection Act, of 1986. Further, neither party contested the complainant's allegations, implying their admission of guilt.

The District Commission further observed that even though the Legal Metrology Officer was not empowered to provide compensation to the Complainant under the Legal Metrology Act, the Complainant was entitled to compensation under the Consumer Protection Act, 1986. Therefore, the District Commission directed Britania and the Seller to pay Rs. 50,000/- as compensation and Rs. 10,000/- as litigation costs to the Complainant. They were also directed to cease the practice of selling underweight products. The Controller of Legal Metrology, Kerala, was also directed to organize state-wide inspections to ensure compliance with net quantity declarations for such packaged commodities.

Case Title: George Thattil vs The Proprietor, Chukkiri Royal Bakery and Anr.

Case No.: CC 191/20 filed on 03/03/2020.

Advocate for the Complainant: A.D. Benny

Advocate for the Opposite Party: None (Ex-parte)

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