‘Consumer must have bill of purchase to move forum’

Now, you will have to secure the cash memo/bill for your purchase, if you wish to move the consumer forum. As in its absence, you will lose out your chance to take any legal action against the seller, no matter how strong your case may be. 

In a recent case, the district consumer disputes redressal forum has stated cash memo to be mandatory evidence. On October 20, 2017, Gourav Moni, a resident of Naraingarh had filed a consumer complaint against Frappé Cold Coffee outlet in Sector 17D, Chandigarh. In his complaint, he stated that on October 20, 2017, he had purchased a soft drink (bottle) from Frappé Cold Coffee, however, after taking a few sips of the soft drink, Gourav found two live cockroaches in the bottle. He also recorded the incident on his phone. 

He reported the matter to the food safety cell, Chandigarh administration. The officials then took the bottle along with a few samples of the soft drinks. After a few days, when the report came out, it revealed that the referred sample had foreign matter and found that it was not edible or unsafe to consume. 

The complainant then moved the consumer forum. Frappé Cold Coffee in its reply stated that the complainant did not attach the bill for the alleged purchase of soft drink from them, therefore, he is not consumer qua it. It was stated that they were never associated with sampling and analysis of the alleged presence of live cockroach in the soft drink glass, purchased from them. Therefore, the analysis report is manipulated to support deficiency in service. 

It was submitted that since the factum of sale of alleged soft drink to complainant is denied by them, there does not arise any deficiency in service or unfair trade practice on its part. It was stated that the said analyst report is inconclusive and does not reveal the presence of cockroach in the alleged soft drink, therefore, it deserves to be discarded. 

Forum after hearing both sides noted that the complainant stated to have purchased the soft drink from the Frappé Cold Coffee on October 20, 2017, failed to produce any cash memo in proof of purchase of the soft drink from the shop. “The compensation in such circumstances cannot be granted on preponderance of probabilities, rather a strict proof of evidence is warranted to penalize the delinquent, which in the present case is missing. The complainant has failed to stand the test of judicial scrutiny in his failure to produce any cash memo in proof of purchase of the said soft drink,” forum held.

Stating that the veracity of contentions raised by the complainant in the present complaint, are highly suspicious for want of cash memo, independent witness and delay in submission of sample to the food safety cell, Chandigarh, no case is made out for grant of any compensation against them and as such, the complaint was therefore dismissed.

Source:- https://retail.economictimes.indiatimes.com/news/industry/consumer-must-have-bill-of-purchase-to-move-forum/70737109