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Thrissur Consumer Commission Directs Britannia to Compensate Consumer for Short-Weight Biscuit Packages

Case Title: George Thattil vs. Chukkiri Royal Bakery & Britannia Industries Ltd.
Case No.: CC 191/20
Judgment Date: September 26, 2023
Forum: Thrissur Consumer Disputes Redressal Commission

Overview of the Case

The Thrissur Consumer Commission ruled in favor of George Thattil, holding both Chukkiri Royal Bakery and Britannia Industries Ltd. accountable for delivering biscuit packages with significantly lower net weight than declared. The Commission directed the opposite parties to compensate the complainant for financial loss and emotional distress, as well as to cease such practices immediately.

Key Allegations

1. Short Weight Issue: The complainant purchased two packages of "Britannia Nutri Choice Thin Arrow Root Biscuits," marked with a declared net weight of 300g. Upon verification by the Assistant Controller of Legal Metrology, the actual weights were found to be 269g and 248g, respectively.
2. Misrepresentation: The complainant alleged that the products were intentionally under-filled, constituting an unfair trade practice and violating consumer rights.
3. Lack of Response: Both the bakery and manufacturer failed to respond to notices from the Commission, and proceedings were conducted ex parte.

Findings by the Commission

Evidence of Deficiency:

• The complainant provided verified evidence, including a Legal Metrology certificate (Exhibit A1), confirming the weight discrepancies.
• Material Object MO1 (one of the biscuit packages) showed the declared weight (300g) was significantly higher than the actual weight (248g).

Violation of Legal Metrology Act, 2009:

• Section 30(a) of the Act prohibits selling goods with a lower quantity than declared. Both the bakery and Britannia were found in violation of this provision.

Unfair Trade Practices:

• The deliberate under-filling of packages and charging the Maximum Retail Price (MRP) constituted an act of exploitation and deception.
• Failure to respond to the Commission's notice further supported the complainant's claims.

Consumer Protection Act Violation:

• The Commission determined that both the bakery and Britannia were liable for deficiency in service under Section 2(1)(g) of the Consumer Protection Act, 1986.

Judgment

The Commission issued the following directives:

Compensation:

• ₹50,000 as compensation for financial loss and emotional distress.
• ₹10,000 towards legal costs.

Interest on Compensation:

• 9% per annum interest on the compensation amount, calculated from the date of filing the complaint until realization.

Immediate Discontinuation of Unfair Practices:

• Britannia and the bakery were ordered to stop the practice of selling goods with under-declared quantities.

State-Wide Inspections:

• The Controller of Legal Metrology, Kerala, was directed to conduct inspections to ensure compliance with net quantity standards for Britannia products and other packaged goods.

Key Takeaways

Consumer Protection Reinforced:

• This judgment highlights the strict stance against unfair trade practices and violations of the Legal Metrology Act.

Accountability for Manufacturers and Sellers:

• Both the retailer and manufacturer were held jointly liable, ensuring that deceptive practices are addressed at every level of the supply chain.

Precedent for Legal Action: