SECONDRY EVIDENCE ENOUGH TO
PROVE THE PURCHASE
IN CASE BILL NOT AVAILABLE
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.
·
The facts clearly
revealed that the opposite party had admitted the fault by providing the
consumer treatment with VLCC. It was only the situation when damaged hair could
not be retored to the original state and complainant under the circumstances
had to cut all hair and she filed a case before the consumer forum. There was
no denial of the damage due to expired shampoo
·
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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