1. Complainant's case is that on 19-10-06 he purchased Sugar 5Kg, Gram pulse 1Kg and Masoor Pulse 1Kg after making payment of Rs. 138, Rs. 30 and Rs. 31 respectively, from Utility Store Model Town Gujranwala. The above said items were packed in polyethylene bags. On weighting sugar 300 gram, pulses 100 gram each were found less than the prescribed weight. Complainant claimed not only compensation but also prayed that respondents be also punished. Case was contested by the respondents raising various grounds, less weight of the items were also denied.
2. In order to prove his case the complainant himself appeared as PW1 and produced the following documents:- "Photo copy of application to the District Coordination Officer Gujranwala mark "A", Photo copy of application to the Chairman Standing Committee Parliamentary Affairs mark "B", copy of application to the Director General NAB mark "C", copy of written information to appear in the Chamba House alongwith evidence mark "D", copy of legal notice mark "E", postal receipts of sending legal notice Exhibit "P1" to "P3", packets of purchased items Exhibit "P4" to "P6" were produced as documentary evidence".
3. On the other hand respondents produced Mir Hamza as RW1, Khalid Hussain as RW2 and Umar Bashir as RW3.
4. Arguments heard record perused.
5. Case of the complainant is that he purchased the grocery Items from the Utility Store Model Town Gujranwala but he could not produce the receipt thereof in order to prove that the said grocery items were purchased from the Utility Store Model Town Gujranwala, so it can not be held with certainty that the grocery items in question were purchased by complainant from the said utility store. However the polyethylene packs containing grocery items have been found printed impression of M/S Utility Store Corporation of Pakistan which shows that the items were packed and sold by one of the branch of M/S Utility Store Corporation of Pakistan. This Court has checked the weight of the packets containing grocery items by way of manual as well as electronic scale and found sugar 30gram less then 5kg, Masoor Pulse 120gram less then 1kg and gram pulse 140gram less then 1kg, the weight claimed by the complainant. Had the complainant produced the receipt showing purchase of the above said items it would have been clear as to what was the weight of the above said items claimed by Utility Store Corporation because the quantity and weight is not printed on the packets by seller. So it is not ascertainable as for what weight and which payment was made by the complainant and to whom at the time of purchase of these articles. I have also my minutely examined the polyethylene bags. Two packets have small leakage and their seal for closing packs is not foolproof. It can not be said with certainty that packs have not been resealed. As I have already observed that leakage during transportation and storage from the packs can not be ruled out. In this complaint grievances of the complainant are with regards to less weight of the items only and not about quantity of the product. The complainant has failed to substantiate the allegations leveled in the complaint.
6. Although the complainant could not prove his case beyond shadow of any doubt against the respondents but it has been observed by the Court that respondents being a commercial/trade organization is not fulfilling its obligations being seller of the commodities. Nature of the product being sold at Utility Store is such that disclosure of items ingredients, quality, quantity, weight, date of manufacturing and expiry is material to the decision of the consumer to enter into a contract for sale and Utility Store Corporation is bound to disclose the same by printing it on each pack of the items either packed by itself or purchased already packed from other manufacturer. In this regard the predecessor of the Court during pendency of the case passed an order which was not complied with. An application was filed by complainant for awarding punishment to respondents for non compliance of the order under section 32(2) of the Punjab Consumer Protection Act. 2005 to which counsel for respondents replied that order was not conveyed to the respondents who have been impleaded by name in the case and were later transferred from District Gujranwala.
7. Therefore, the Zonal Manager, the Regional Manager and Area Manager of Utility Store Corporation of Pakistan Gujranwala (presently posted or in future posted) are directed to ensure the printing of weight, price, date of Manufacturing and Expiry, Quantity, Quality and ingredients on each packets to be kept in the store for sale to the consumer and also ensure issuance of receipt to each purchaser showing the date of sale, description of goods sold, the quantity and price of the goods, within a period of one month of the passing of this order without fail. Failing which they shall be liable for the penalty a punishment of imprisonment which may extended to three years or with fine which may be extended up to Rs. 20,000/- or both. The complainant can get back the grocery packs deposited by him in the Court after the afflux of period of appeal if not filed by either of the party. File be consigned to the record room after its due completion.