SECONDRY EVIDENCE ENOUGH TO PROVE THE PURCHASE
IN CASE BILL NOT AVAILABLE
Escape rout is often opted by the
traders and sellers as and when consumer knocks at the door of consumer court
by asking for the bill knowing fully well that bill has not been made
compulsory till date in the country. However consumer courts accept the
secondary evidence such as –visiting card of the seller showing advance given,
any hand written slip by the seller which admits the sale or rendering
services.
National
commission has recently rejected all such arguments extended by the sellers to
rebut the sale of shampoo pouch after expiry date lapsed 5 years ago even when
proper bill could not be produced by the complainant
The facts in brief are that Taranjit
Kaur a resident of Dhuri village ha used a pouch of 9 ml of Pantene Shampoo
pouch which her father, Amarjit Singh, had bought. After washing her hair with
the shampoo, it got gummed and lost its form. When Singh brought this to the
retailer's notice, he took up the issue with the distributor, and with the
manufacturing company, Proctor and Gamble Home Products (P&G). P&G then
paid for Taranjit's one-time hair treatment at Vandana Luthra Care Clinic
(VLCC). But Taranjit's hair could not be brought back to its original form,
forcing her to get it removed.
She
filed a complaint against P&G, its distributor, the retailer and VLCC for
deficiency in service and unfair trade practice. The Sangrur district forum
held P&G and the retailer liable and directed them to pay Rs 25,000.
P&G
appealed to the Punjab state commission, which dismissed the appeal and
directed payment of an additional Rs 2,000.
P&G
then approached the National commission in revision, raising legal and
technical objections. It claimed that the bill for the purchase had not been
produced no testing report was obtained
National
commission after going through the facts before it dismissed the arguments
extended by Op’s keeping in view the facts –
• That nothing was left in the pouch
after use which could be sent for testing.
•
National commission has recently rejected all such arguments extended by the sellers to rebut the sale of shampoo pouch after expiry date lapsed 5 years ago even when proper bill could not be produced by the complainant
• That Procter and Gamble did not file
any report by testing similar pouches, which could prove that the shampoo was
not spurious.
Dr
Prem Lata
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