SUMIT SINGH Vs. RECKITT COLMAN OF INDIA LTD

JUDGEMENT

(1.) Complaint of the appellant seeking compensation against the sub- standard product known as "Cuffs N Collar Dirt Remover" manufactured by respondent No. 1. was dismissed vide impugned order dated 20.5.2002 passed by the District Forum mainly on the ground that whenever any such like products become popular, there is every likelihood that spurious products are introduced in the market and in such a situation, respondent or the manufacturer cannot be held guilty for deficiency in service on selling spurious goods.

(2.) On the face of it, the impugned order suffers from inherent infirmity inasmuch as that the observations are in the nature of surmise and conjectures. The District Forum was required to only deal with the producet produced before it and to assess the evidence produced by the parties and not to give the benefit to the manufacturer that whenever any such like products become popular in the market then the possibility of spurious products being inducted in the market will always be there. Even if we accept this argument then each and every manufacturer will be at liberty to manufacture spurious goods and shall take the plea that product in question is spurious and has not been manufactured by them. The aforesaid reasons persuade us to set aside the impugned order, send back the matter to the District Forum for deciding it afresh on merit without being influenced by the observation as to the possibility of popular products being floated as spurious goods. The parties shall appear before the District Forum for the aforesaid purpose on 11.8.2006.

(3.) A copy of this order, as per the statutory requirements be forwarded to the parties, free of charge and also to the concerned District Forum and thereafter the file be consigned to the Record Room.