BARSAD ALI vs MANAGING DIRECTOR, WEST BENGAL ESSENTIAL SUPPLIES COMMODITIES LTD.

THIS judgment will coverall the cases as the issues are the same and the evidence in all the cases is the same and they have been heard analogously.

A Ration Shop (appointed Retailer) A.R. No. 2555 Garib Bhandar at Buro Shibtala Main Road, Behala, Calcutta-38 sold on Ration Cards in the last mid of June 1988 Rapeseed Oil adulterated with Argemone Oil and Tricreasyl Phosphate both known toxic adultrants to various consumers attached to said ration shop. The Rape-seed Oil was supplied by the Opp. Party No. 1 (West Bengal Essential Supplies Commodities Corpn. Ltd.) to Opp. Party No. 3 Garib Bhandar who in turn worsened the situation by adding another adulterants, TRICRESYL PHOSPHET. The Opp. party No. 2 i.e. the Food & Supplies Department is the controlling authority of both Opp. Party No. 1 & 3. As a result of consumption of the said adulterated rape-seed oil large number of consumers fell ill with complaints of numbness of limbs. The victims were hospitalised and suffered paralysis of limbs. The State Govt. of West Bengal filed Criminal cases against the perpetrators being Behala Case No. 54 of 1988 under Sections 272/273/275/ 328/201/341/120-B I.P.C. and the Charge Sheet was submitted against the Ration Shop Keepers & others under Section 273/109 I.P.C. and the trial is going on in the Court of 6th Additional District Judge, Alipore.

The victims suffered various degrees of physical injuries and mental agony. While some were able to recover to some extent many could not. Those who survived lost their earning capacity. The Consumers Unity and Trust Society (CUTS) had filed a representative class action complaint under the Consumers Protection Act, 1986 before the National Commission, New Delhi in February 1989 against the Govt. of India, Govt. of West Bengal and the Calcutta Municipal Corporation seeking unspecified damages against the authorities for their composite negligence in this matter. The complaint was disposed of on 8th Dec. 1989, granting some relief to the victims against the State Govt. with liberty to the victims to seek other reliefs against the private culprits. Extract given below: "............ make it clear that the disposal of this case vide this order will not in any way operate to preclude the victims of the tragedy from persuing any other remedy-that may be entitled to under law, as against the persons conducting two ration shops and also against the keeper of the concerned godowns."

IN the course of the proceeding before the National Commission the State Govt. admitted that Argemone Oil was found in the sample of the adulterated rape-seed oil, seized from the victims and persuant to a test conducted by the Central Food Laboratory (CFL) Calcutta. The State Govt. admitted before the National Commission that the Opp. Party No. 1 did not carry out Argemone Oil test in the rape seed oil although it is a prescribed procedure under Rule 5 of the Prevention of Food Adulteration Act 1955. The CFL test established the presence of TCP in the four samples put by the Opp. Party No. 4. An enquiry was held by Opp. Party No. 2 Mr. T.R. Sengupta and the report admitted various lapses on the part of the ration office in Behala in supervising the ration shops activities. The CMC (Calcutta Municipal Corporation) is empowered to prevent adulteration as the local authority under the Prevention of the Food Adulteration Act 1955. The CMC admitted their handicap to check ration shops or the food articles sold by them and as the latter are under the control and supervision of the Opp. Party No. 2. On behalf of Opp. Party No. 1. The Managing Director of West Bengal Essential Commodities Supplies Corporation vehemently denied that adulterated oil containing Argemone Oil was supplied by the Opposite Party No. 1. That the oil supplied to the owner of A.R. Shop No. 2555 on 26/8/88 went through vigorous chemical tests by the Directorate of Food Supplies Department in conformity with the standard laid down in the P.F.A. Act 1955.

GARIB Bhandar (appointed Retailer) a Ration Shop A.R. No. 2555 at Buroshibtala Main Road, Behala, Calcutta-700 038 the opposite respondent No. 3. The proprietor of this shop is A. Bhattacharjee who only supervises the working of the shop. The day to day working is carried on by his representative to whom he has given the Power of Attorney for that purpose. His name is K.L. Shaw who expired on 7/6/82 and since then A. Bhattacharjee is running the shop through the sons of late Kanai Lal Shaw. Inspite of notice the proprietors of Garib Bhandar Opposite Parties No. 3 did not appear. When the hearing was almost over they appeared through Mr. Nayak Advocate who however withdraw from the case. Thereafter the opposite party No. 3 did not appear at all and did not take any step to contest the cases and this matter was heard ex parte. We shall now take up the individual cases. S.C. Case Nos. 9,10 & 20 These three cases relate to Barsad Ali, his wife Sofia Begum and two daughters and a son. They have been victims of Rape-seed Oil tragedy. Barsad Ali is an Advocate of the High Court having good practice. He was severely attacked with paralysis of his lower limbs and inspite of prolonged medical treatment in hospital, he did not recover fully. Medical report is that this is a very serious case. As a result of this attack of paralysis and also due to mental worry and suffering he could not attend the Court to carry on his legal practice for a long period. Now he attends Court depending on crutches. Medical opinion is that he will never recover his normal self. His legal practice was greatly suffered, not only on account of his physical ailments but also because of his whole family having been affected with numbness of the limbs. His wife inspite of medical treatment has not been able to carry on her ordinary avocation as housewife because of ailment. His two daughters and a son all school-going children have also been affected and medical report is that they have severe attack. Their educational career is doomed. Considering all these aspects we think that a sum of Rs. 1,50,000/- to be awarded to Barsad Ali and Rs. 50.000/- (Rupees Fifty thousand) only to be awarded to his wife and Rs. 25,000/- (Rupees twenty-five thousand) only to each of his children. In total they are awarded Rs. 2,75,000/- (Rupees Two lakhs seventy-five thousand) only. S.C. Case No. 11

SYED Ahmed a college student had suffered from severe paralysis of the limbs on account of consumption of Rape-seed oil purchased from Garib Bhandar, for 5 years he could not carry on his business on account of physical suffering and mental agony. He has claimed Rs. 2,00,000/- (Rupees two lakhs) only as compensation. We award him a sum of Rs. 50.000/- (Rupees fifty thousand) only. S.C. Case No. 19 of 1991.

THE complainant is Sri Naba Kumar Dhars. He is a factory worker. He was incapacitated after consuming Rape-seed oil purchased on Ration Cards from Garib Bhandar. He was treated in the hospital for a long time but he did not recover his normal fitness. As a result he had suffered a loss of Rs. 12,000/- per year. Due to physical and mental agony he suffered for a long time, he claims Rs. 60,000/- (Rupees Sixty thousand) only for loss of Income for 5 years and Rs. 50,000/- for his physical and mental agony. THE Medical Boards report is that he will not recover his normal use of his limbs. So we are awarding him a sum of Rs. 1,00,000/- (Rupees One lakh) only as claimed. S.C. Case No. 59. Sadhan Chandra Roy is a vegetable seller, his wife Parul Roy and a minor son, are the victims of Rape-seed Oil tragedy. For 5 years he has suffered a loss of Rs. 12,000/- (Rupees Twelve thousand) only per year in business as be could not carry on his normal avocation. His wife and child also were incapacitiated. He has claimed a compensation of Rs. 1,50,000/- (Rupees One lakh fifty thousand) only. Their cases are supported by Medical Board''s Report that they will not be able to recover the normal use of limbs Throughout their life. He and his wife are awarded a sum of Rs. 50,000/- (Rupees Fifty thousand) only, wife and his son is awarded Rs. 25,000/- (Rupees Twentyfive thousand) only. In total they are awarded Rs. 75,000/- (Rupees Seventy-five thousand) only. S.C. Case No. 60.

Chapala Dhara has claimed Rs. 30,000/- (Rupees Thirty thousand) only for loss of income for 5 years and physical agony. She claims Rs. 25,000/- (Rupees Twenty five thousand) only. Her case is also supported by the Medical Board''s report that this is a severe case and she will not be able to carry on his normal use of limbs. Accordingly we award her a sum of Rs. 25,000/- (Rupees Twenty-five thousand) only as compensation.

ALL the awards mentioned above have been passed against opp. party No. 3 Proprietor and Manager of Garib Bhandar i.e. against A.K. Bhattacharjee and Nakul Shaw and his brothers. Complaints allowed. _______________