Parle Biscuit Company, Retailer Liable For Selling Underweight Biscuit Packet: Kannur Consumer Commission

Facts

The complainant, Asique T.P., purchased a packet of Parle 20-20 Butter Cookies from Metro Hyper Market, Kannur, on 26 July 2024 for ₹25. After reaching home, he suspected that the packet was underweight. On weighing it, he found that although the packet declared a net weight of 150 grams, it allegedly contained only 125 grams.

Alleging unfair trade practice and deficiency in service on the part of the manufacturer, Parle Biscuit Company, and the retailer, he approached the Consumer Commission seeking compensation.

During the proceedings, the Commission referred the disputed packet to the Legal Metrology Department, Kannur, for verification. The department's report recorded the gross weight of the packet as 126.16 grams, which the Commission relied upon while adjudicating the complaint.

Contentions of the Parties

Parle Biscuit Company (Opposite Party No.1) contended that its biscuits are manufactured through a fully automated process that automatically rejects underweight packets. It denied manufacturing the disputed product, alleging that discrepancies in the packaging details indicated it was not genuine.

Metro Hyper Market (Opposite Party No.2) submitted that it was merely a retailer and argued that any defect in the product was the responsibility of the manufacturer alone.

Observations

The Commission rejected Parle Biscuit Company's contention that the disputed product was not manufactured by it, observing that the retailer had admitted it was a Parle product and that the wrapper also identified Parle as the manufacturer. It noted that had the retailer's claim that the product belonged to Parle been false, Parle would have initiated legal action against the retailer, which it had not done.

Relying on the Legal Metrology report, the Commission held that the biscuit packet was underweight and that selling such a product amounted to an unfair trade practice. It also held that a retailer cannot escape liability merely because the defect originated with the manufacturer and is expected to ensure that the products sold conform to the declared specifications. The Commission further directed the manufacturer to discontinue such practices and ensure that its products conform to the declared weight.

Decision

Allowing the complaint in part, the Commission directed Parle Biscuit Company to pay ₹25,000 as compensation and ₹10,000 towards litigation expenses, while Metro Hyper Market was directed to pay ₹10,000 as compensation and ₹5,000 towards litigation expenses. The amounts are to be paid within one month from the date of receipt of the certified copy of the order, failing which the compensation amount of ₹35,000 shall carry interest at 12% per annum from the date of the order until realization.

Case Title: Asique T.P. v. Parle Biscuit Company & Anr.

Case No.: CC No. 504/2024

Appearances:

For the Complainant: Adv. Muhammed Sinan K.P.

For Opposite Party No.1 (Parle Biscuit Company): Adv. E.R. Vinod.

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