Keywords – ITC (India Tobacco Company), Legal Backlash, Sunfeast Marie Light Packet, Missing Biscuit, Rs 1 Lakh Penalty, Compensation, Consumer Complaint
India Tobacco Company (ITC) is entangled in a legal quagmire after being directed to pay a customer Rs 1 lakh in compensation for a single missing biscuit in its “Sunfeast Marie Light” packet, marking it as the most expensive biscuit ever produced without being packed.
The predicament surfaced when P. Dillibab, a resident of MMDA Mathur in Chennai, purchased two dozen “Sunfeast Marie Light” packets from a Manali retail store in December 2021 for the purpose of feeding stray animals.
Upon opening the packets, Dillibab discovered that instead of the advertised 16 biscuits, there were only 15 inside. Despite seeking clarification from both the shop and ITC, he received unsatisfactory responses.
In response, Dillibab filed a complaint, asserting that each biscuit was valued at 75 paise. Extrapolating this value, he contended that ITC, which produces nearly 50 lakh packets daily, was potentially defrauding the public of over Rs 29 lakh each day.
ITC, however, argued that the product was sold based on weight, not the number of biscuits. The package indicated a net weight of 76 grams, but upon examination, it was revealed that unwrapped biscuit packets with 15 biscuits weighed approximately 74 grams.
The company’s counsel contended that the Legal Metrology Rules of 2011 allowed a maximum permissible weight deviation of 4.5 grams for pre-packaged goods. Nevertheless, the consumer forum rejected this argument, asserting that such exemptions applied solely to volatile products, not biscuits, which maintain their weight over time.
Furthermore, the court rejected ITC’s assertion that biscuits were sold by weight rather than quantity since the wrapper clearly indicated the number of biscuits.
On August 29, the consumer court ruled that ITC must pay Rs 1 lakh to Dillibab as compensation for engaging in unfair trade practices. Additionally, the court ordered the cessation of sales for the specific batch of biscuits under scrutiny.
Written by- Shuniti Sinha, College name – Brainware University , Semester- 7th, an intern under Legal Vidhiya
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