SECRETARY, DISTRICT CONSUMER COUNCIL vs HINDUSTAN LEVER LTD.

THE appellant who preferred this appeal against the order of the District Forum, Kurnool in C.D.C.No. 50/ 89 wherein the District Forum disposed of the complaint stating that no relief could be granted to the complainant who is the Secretary of the District Consumers'' Council, Kurnool, and marking copies of the order to the Controller of Legal Metrology and others for taking necessary action under the Standards of Weights and Measures Act, 1976 and the (Packaged Commodities) rules made there under.

IN the complaint it was stated that the Hindustan Lever limited, the opposite party is manufacturer of Life Buoy Soaps weighing 150 and 75 gms. On the wrapper it was notified that 150 and 75 gms. are the weights of the soaps when packed respectively. Sometime in May, 1980 when weighted by the complainant it was found that the 75 gms. Soap was less by 5gms.and 150 gms. soap is less by 30 grams. Hence the complaint was filed to inquire into the irregularities in the weight of Life Buoy Soaps and to issue necessary instructions to the opposite party. In the counter filed it was stated that Hindustan Lever Limited is a company incorporated under the Indian Companies Act and is governed by the provisions of Monopolies and Restrictive Trade Practices Act, 1969 and the complaint before the District Forum is not maintainable. It was also stated that the Secretary of the District Consumers'' Council is not a consumer. Even otherwise, on merits it was submitted that the manufacture of Life Buoy Soaps is governed by the provisions of Standards and Weights Measurements Act, 1976 and the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. On the package it was specifically notified that the weight mentioned therein "when packed" is in accordance with the Rule 11(4) of the above said rules. It was submitted that since the soap when manufactured contains lot of moisture, depending on the length of time and the environmental and climatic conditions its weight changes. Therefore, the soaps marked in the District Forum were manufactured in August, October and November, 1988, and when they were weighed 1-1/2 years thereafter they were less than the weight notified on the wrapper. It, therefore, cannot be said that the opposite party violated any of the provisions of the Act and the Rules made thereunder and that therefore no relief can be granted to the complainant.

The District Forum framed two points for consideration : - (1) Whether the complaint filed by the Complainant is maintainable and whether the District Forum has got jurisdiction to enquire into the complaint? (2) Whether the complainant is entitled for any relief against the opposite party and if so, to what extent?

ON the first point, the District Forum held that the complaint is maintainable. ON the second point it held that the complainant is not entitled to any relief and the District Forum cannot grant any relief against the deficiency of weight, in soaps manufactured by the opposite party. Accordingly the District Forum dismissed the petition but directed that a copy of the order be marked to the Controller of Legal Metrology, Kurnool and other Officers to take appropriate action. Aggrieved by the said decision, the complainant preferred this appeal.

THE only question that arises for consideration in this appeal is : Whether the complainant is entitled to be granted any relief? It is contended in this appeal by the learned Counsel for the appellant Sri V. Gourisankar Rao, that having found the deficiency in weight than that notified on the label at the time soaps were weighed on the date of complaint as well as before the District Forum, the District Forum should have given suitable instructions to the opposite party with regard to the weights of the soaps. On the other hand, it is submitted by Sri Ella Reddy, the Counsel for the respondent that weight mentioned on the label was only the weight when packed which is in accordance with the provisions of Rule 11(4) of the Standard and Weights Measures (Packaged Commodities) Rules, 1977and that as the soaps lose moisture as time passes depending on the climatic and environmental conditions, no relief could be granted to the complainant by the District Forum. Even otherwise to find out whether the loss of weight was proper having due regard to passage of time and environmental conditions a detailed technical investigation has to be conducted, which is not within the purview of the District Forum and that therefore, the District Forum rightly directed the Controller of Legal Metrology, to take appropriate action.

IN order to appreciate which of the rival contentions is correct, it is necessary to bear in mind the relevant provisions of the Standards of Weights and Measurements Act, 1976 and Standards of Weights and Measurement (Packaged Commodities) Rules, 1977. Section 39(4) provides that the Central Government, may, by rules, specify the commodities, the weight or measure of which is likely to increase or decrease beyond the prescribed tolerance limits by reason of climatic variations and it shall be lawful for the manufacturer or packer of the commodity so specified, to qualify the statement as to the net content of such commodity by the use of the words "when packed". Accordingly Rule 11(4) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 prescribe that the declaration of quantity in relation to commodities specified in the Fourth Schedule, the commodities which are likely to undergo significant variations in weight or measure on account of environmental or other conditions, may be qualified by the words ''when packed'' and when such qualification is made, the package containing such commodity shall also bear thereon information with regard to the matters specified in the said fourth schedule. Item 14 of the IV Schedule bears reference to toilet soaps as mentioned in Col. 8 of the IV schedule. IN accordance with the aforesaid provisions, the wrappers of all the soaps produced before the Forum notified that the net weight was 75 gms. or 150 gms. as the case may be when packed, and the total fat matter was 60%. It is, therefore, clear that the weight mentioned in the package is the weight at the time when it was packed. Thus, it is clear that what is mentioned is only the weight within packed and as the soaps weights are likely to undergo significant variation on account of environmental and other conditions resulting in loss of moisture it cannot be said that the soaps should weigh 75 or 150 gms. respectively when they were sold. There is no dispute that the soaps when weighed at the time of complaint sometime in May, 1979 were short by 15 gms. and 30 gms. respectively. But, when the same soaps are weighed before the District Forum on 3.3.1990 the loss of weight was nearly 20 gms. and 42 gms. respectively. Thus, it is demonstratively clear that the soaps lose weight on passage of time and on account of environmental or other conditions. The moisture will evaporate depending on the passage of time and therefore they weigh less. IN view of the specific proviso in Rule 26(3) of the above said rules, which clearly specify that the package must mention the weight when packed, it cannot be said that the soaps should have the same weight when they were sold. The proper and correct percentage of loss in weight have regard to the duration of time and environmental conditions can only be determined on technical investigation of the contents, environmental conditions and other relevant conditions. The matter can only be investigated by technical persons. Hence, either this Forum or the District Forum can not embark on such an enquiry. IN these circumstances, the rejection of the complaint by the District Forum bringing it to the notice of the authorised person to look into the matter and take necessary steps and verify the reasons for such deficiency in the quantity of Lifebuoy soaps produced by opposite party and marking a copy to the authorised persons to take appropriate action is correct and proper.

BUT the Counsel for the appellant submitted that the Controller of Legal Metrology, Hyderabad has not taken any action so far. If that is so, we are confident hat the concerned authorities would look into the matter as expeditiously as possible. It may not be out of place to mention that the consumers are ignorant of the fact that the soaps will lose weight as time passes. The Consumer Organisations and the authorities under the Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 should properly educate the consumers in this regard. In the result, the appeal fails and accordingly dismissed. No costs. Appeal dismissed.