LAWS(NCD)-2016-9-129

ASIA TEA COMPANY & OTHERS Vs. ON BEHALF OF COMMISSIONER, CIVIL SUPPLIES AND CONSUMER PROTECTION DEPARTMENT, CONSUMER ASSOCIATION OF INDIA REP. BY MR. R. DESIKAN

Decided On September 19, 2016
Asia Tea Company And Others Appellant
V/S
On Behalf Of Commissioner, Civil Supplies And Consumer Protection Department, Consumer Association Of India Rep. By Mr. R. Desikan Respondents

JUDGEMENT

(1.) FA Nos. 484 of 2014 and 485 of 2014 have been filed by the appellant-M/s. Asia Tea Company against the common order dated 9.7.2014 passed in Consumer Complaint No 30 of 2006 and 49 of 2006 respectively by the learned State Consumer Disputes Redressal Commission, Tamil Nadu, (in short 'the State Commission').

(2.) Brief facts of the case are that the appellant/opposite party is engaged in manufacturing and packaging of 10 brands of tea. Inspection was done by the authorities on 31.3.2006 in the store premises where 10 brands of tea were stored. The samples were taken and sent for testing to the authorised laboratories. Some of the samples failed and the respondent-Commissioner, Civil Supplies and Consumer Protection Department filed the Complaint No. 30 of 2006 before the State Commission. Another complaint No. 49 of 2006 was filed by the respondent-Consumer Association of India before the State Commission. The State Commission clubbed both these complaints. First, the OP did not contest the case and it was decided ex parte against the OP. However, later appeal was filed by OP and this Commission vide order dated 2.12.2009 set aside the ex parte order and remanded back the matter to the State Commission for decision afresh. The complaint was then resisted by the opposite party/appellant herein. After conclusion of the proceedings, the State Commission vide its order dated 9.7.2014 allowed the complaint as under:

(3.) Hence these appeals.