CASE STUDY AS ONE

INCIDENT OF VIOLATION
OF CONSUMER RIGHTS
Rajanesh R Swamy the complainant purchased “Cadbury
Chocolates” from a Retailer of Cadbury chocolates
manufactured by Cadbury India Ltd. When the sachet /
aluminum foil which had wrapped the chocolate was cut
opened, the complainant found that the worms coming out
of the chocolates, she took ill and she had to be taken to a
doctor for treatment. He wrote a letter to the manufacturer
of the Cadbury chocolate at Mumbai enclosing
documentary proof of either the adulteration or organic
change on account of inherent vice in the food products
itself. The sales officer of the manufacturer took the
infested chocolates from the complainant for testing. The
manufacturer admitted in their reply the infestation of the
chocolates. Thereafter the complainant sent several letters
to the manufacturer demanding action and stop flooding the
market with such food product. The complaint was filed for
awarding compensation of Rs 9, 60, 415/- with interest @
15 % per annum. In his reply the Retailer did not dispute
the sale of chocolates but he pleaded that liability rest on
the part of the manufacturer. The State Commission found
that the complainants have established with the support of
evidence that the chocolates purchased by them were
infested with worms and consumption of such worm-
infested chocolates is hazardous to the society. The State
Commission ordered that the manufacturers should pay Rs
50000/- as compensation to the complainant with interest
@ 12 % per annum from the date of complaint till
realization. The manufacturer shall also pay Rs 1 lakh as
damages to the Commission’s SB Account. In addition they
will pay Rs 50000 as punitive damages to the
Commission’s SB Account. All payments were to be made
within four weeks failing which they will be liable to pay
interest @ 12 % per annum from the date of complaint till
payment.