Lahore: Nirala fined for tainted ghee sale

[Naveed Yaseen]

DISTRICT Consumer Court has directed a renowned sweets and dairy products manufacturing and selling chain to pay a penalty worth Rs 50,000 to a consumer for selling him substandard desi ghee, which was unfit for human consumption.

Presiding officer, District and Sessions Judge District Consumer Court Syed Maruf Ahmedali in his detailed verdict issued here on Friday said the respondent, the Nirala Dairies, which made the ghee purchased by the complainant, were directed to pay a fine of Rs 50,000 under Section 32 of the Punjab Consumer Protection Act 2005 for manufacturing a substandard product, which was unfit for human consumption according to an analysis report.

The court also directed the dairies to refund the price of eight canisters of desi ghee amounting to Rs 23,432 as well as the cost of legal process amounting to Rs 5,000 within 10 days from the date of the order.

The court order said the complainant had purchased eight tins/canisters of desi ghee weighing 16 kilogram each from the Nirala Dairies on December 13, 2007. The cost of each canister was Rs 2,929 and the total amount paid by the complainant was Rs 23,432.

The petitioner, in his complaint, alleged that when he used the ghee, it caused throat infection and other health problems. He said he and his family suffered medically because of it. He also said that the ghee also gave a bad smell and was not fit for human consumption.

He further said that the ghee was substandard and damaging for human health.

The court order maintained that legal notices were issued to the respondent, which did not pay any heed to these after which the complainant filed a petition demanding refund of his money amounting to Rs 23,432, damages amounting to Rs 50,000 and cost amounting to Rs 15,000.

The court order further stated that Raja Jahanzeb, Regional Sales Manager, who appeared on May 27, 2008, was provided with a copy of the complaint and proceedings were adjourned for filing a written statement.

Several opportunities were given for filing a written statement and finally on September 15, 2008, the defence of the respondent was struck of.

It said that on Oct 7, 2008, Kashif Qamar, Admin Assistant appeared on behalf of the Nirala Dairies and requested for reconciliation. It was contended by the counsel for the complainant that the complainant had proved his case and had supported the contents of the complaint, which was corroborated by an analysis report and there was no evidence in rebuttal. He prayed that his claim be accepted.

The court order concluded that after hearing the arguments of the counsel for the complainant and perusing the record, the petition was accepted and the Nirala Dairies, which made the ghee were directed to refund the price of eight canisters, pay Rs 50,000 penalty and Rs 5,000 as court costs to the complainant.

The court also said that all the eight canisters of the ghee had been confiscated and these should be destroyed after the period of appeal or revision if any and directed the complainant to deposit the canisters with the Lahore DCO for safe custody and necessary action.

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