Consumer Forum slaps ₹60k fine on Britannia for selling biscuits below packaged weight

The District Consumer Disputes Redressal Commission in Kerala's Thrissur passed an order directing Britannia Industries and a bakery to pay a compensation of ₹60,000 to a consumer for selling biscuit packets which weighed 52 grams lesser than the claimed weight of 300 grams..A bench comprising president C T Sabu and members Sreeja S and Ram Mohan R observed that there was a significant shortage in the weight of the biscuit packets compared to the declared quantity of 300 grams written on the packets."It is axiomatic that there is drastic shortage in the net weight of the biscuit in MO1 package, to be more specific in terms of quantity, the shortage in net weight is more than 52g (300-248) in MO1 package," the bench stated in its order of September 26, 2023. .The order was passed on a complaint by one George Thattil (complainant) who had purchased two packets of “Britannia Nutri Choice Thin Arrow Root Biscuits” manufactured by Britannia for ₹40 each.He bought the biscuits from Chukkiri Royal bakery with the belief that it weighed 300 grams each as printed by the manufacturer over the packaging..But to his surprise the packets weighed 268 grams and 248 grams respectively, it was claimed.George filed a complaint before the Assistant Controller with Flying Squad of Legal Metrology, Thrissur, who later verified and confirmed the shortage in weight.He then approached the District Consumer Disputes Redressal Commission in Thrissur (District Commission) and filed a consumer complaint, seeking an order to restrict the opposite parties from adopting such illegal practices and claimed compensation for the financial, physical and mental loss sustained by him due to the exploitation and deception of the manufacturer and the seller..The Commission observed that even after being served with notices, both Britannia and the bakery (opposite parties) failed to file their written statements before the District Commission. The Commission proceeded against them ex-parte and during the course of the proceedings found that both parties had violated the consumer's right to live a life without exploitation, deception or any kind of unfair trade practice."Such a deceptive act from the part of an erring manufacturer or trader is tantamount to jeopardizing the very dignity of the consumer and his right to live a life free from exploitation or deception or any kind of unfair trade practice," the consumer forum added.It said that the acts of both the manufacturer and the seller amounted to unfair trade practice and were in violation of the Consumer Protection Act and Section 30 (penalty for transaction in contravention of standard weight or measure) of the Legal Metrology Act 2009. .Hence, the Commission directed the opposite parties to pay a sum of ₹50,000 towards compensation for the complainant's loss and rupees ₹10,000 towards litigation costs borne by him.Directions were also issued to the Controller of Legal Metrology of Kerala to conduct a State-wise investigation and to initiate steps to ensure net quantity compliance of the product/packaged commodity..Advocate AD Benny represented the petitioner..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.