CLAIM UNDER SECTION 23 (4) OF PUNJAB CONSUMER PROTECTION ACT 2005.
1. The DDO (Health) Sahiwal visited the United Bakery Hi-Street, Sahiwal and collected sample of Mr. Ben Biscuits which was found without date of manufacturing and expiry. Allegedly, it was in contravention of the provisions of Punjab Consumer Protection Act 2005. He referred the matter to EDO (Health) for further proceedings who in turn, sent it to Authority for further proceedings. The Authority submitted the matter to this court for further legal proceedings against the defendants for violation of Punjab Consumer Protection Act 2005.
2. Legal notice u/s 28 (1) of the PCPA, 2005 was issued to Managing Director Mix Food and Asif s/o Abdul Majeed owner of United Bakery Sahiwal defendant No. 1 &2 respectively. Both of them filed their written statements.
3. The defendant No. 1 i.e Managing Director Mix Food denied to have sold Mr. Ben Biscuits without date of manufacturing and expiry. He submitted that legal notice u/s 28 (1) of the PCPA, 2005 was never issued to it. According to it, all documents appended with claim were in-genuine and prepared on behalf of some persons with a planning. He rebutted the allegations contained in the reference.
4. The defendant No. 2 i.e Asif s/o Abdul Majeed owner of United Bakery, Sahiwal rebutted the allegations made by the Authority. According to him, the application was barred by time, no notice was delivered to him, this court has no jurisdiction to try the case and application filed against him was false and frivolous. He also submitted that United Bakery was owned and possessed by his father Abdul Majeed. According to him, it was incorrect that Mr. Ben Biscuits were being sold in the bakery without date of manufacturing and date of expiry.
5. The parties were directed to produce their evidence in support of their respective contentions.
6. The claimant produced DDO (Health) Doctor Muhammad Saeed Sabri as Pw-1. It also relied upon sample Ex-p1, legal notice p2 and p3 and postal receipts Ex-p4&p5.
7. The defendant No.2 was provided a reasonable opportunities to produce his evidence but he failed. Today i.e 02-11-11, he could not produce his evidence. Therefore his right of defence/evidence was struck down. The defendant No. 1 has already been proceeded against exparte.
8. I have heard the arguments advanced by both the learned counsel for the parties and gone through the record.
9. It is made clear here that since, no one turned up on behalf of defendant No. 1 on 11-10-11, therefore, he was proceeded against exparte.
10. Doctor Muhammad Saeed Sabri Pw-1 stated on oath that he visited the United Bakery on 23-12- 10 where Asif was available. He had stored Mr. Ben Biscuits orange wafers for sale. The date of manufacturing and date of expiry was not mentioned on the packet of the biscuits. Sample product Ex-P1 signed by the defendant No. 2 was taken into possession. According to him, since dates of manufacturing and expiry were not mentioned on the biscuits therefore, it could cause a damage to the public health.\
11. Doctor Muhammad Saeed Sabiri as Pw-1 was subjected to a cross examination but he remained firm to his stand that sample product Ex-p1 was taken into possession which was without dates of manufacturing and expiry. He admitted that the name of the company was written on the sample product. However, he admitted that the bakery was owned by Abdul Majeed but at the time of inspection, he was not available and in his place his son was present whose signatures and thumb impression were taken. He reiterated that the defendants violated the provision of section 11 of the PCPA 2005. The factum of issuance of notices as required under section 28 (1) of the Act ibid stands proved from notices Ex. P2,p3 having been issued through postal receipt p4,p5.
12. Needless to mention that Doctor Muhammad Saeed Sabri Pw-1 had not previous enmity, grudge or ill will against both the defendants. He visited the United Bakery belonging to Abdul Majid and collected sample of product i.e Mr. Ben Biscuits orange wafers and took into possession vide memo Ex-p1. This product did not carry the dates of manufacturing and expiry. The statement of Doctor Muhammad Saeed Sabri Pw-1 remained unshattered despite cross examination.
13. The defendant No. 2 submitted that he was not aware of the fact that the product did not carry the dates of manufacturing and expiry. Obviously, such like items/things, if sold after date of expired, can cause a damage to the public health if used. The other pre-requisites of filing reference have also been fulfilled before making it over to this Court. The defendants have failed to produce any evidence in their support and to rebut the allegations made in the reference of the Authority. It therefore stands proved on record that Mr. Ben Biscuits were being sold at United Bakery, Hi street Sahiwal in violation of section 11 of the PCPA 2005. Thus, the defendant No. 2 cannot be exonerated from the guilt. There was nothing on record to suggest that aforementioned product i.e Mr. Ben Biscuits had not been manufactured and supplied by defendant No. 1. Therefore, both of them were jointly and severally liable for violation of the provisions of PCPA 2005.
14. In view my findings and reasons mentioned above, reference is accepted. The defendant No. 1 i.e Mix Food Industries is restrained to supply any item or food product to any store or shop without mentioning the dates of manufacturing and expiry. The defendant No. 2, being son of Abdul Majeed who was owner of United Bakery, is also restrained to store or sale anything in his bakery in violation of law. The DCO/Authority Sahiwal shall depute some representatives to visit the United Bakery with direction to recall the defective and objectionable products from the trade/commerce and confiscate and destroy the same immediately. The Authority shall also ensure that in future also, the defective items/things are not sold by United Bakery. Since no harm is reported due to use of Mr. Ben Biscuits, order passed, in terms above, shall serve the purpose of law. The Registrar of this court is directed to send the copy of the order to the Authority/DCO Sahiwal for information and compliance.