Vijay Kumar (Advocate) 07 April 2015
A complaint has been filed in Consumer Forum which alleges that Warning "USE BY 13-2-15" was printed on the
Wrapper of bread packet; but it was sold on next day i.e. on 14-2-15.
Shopkeeper's version is that he sold fresh packet but the customer has managed a past date packet.
I am to defend the shopkeeper. Kindly guide me.
Jayashree Hariharan (Advocate) 08 April 2015
Sir in this case the benefit of doubt is on the seller. Since there is no material proof of buying and selling, it is easy to stand by your client, saying that he sold it before that date, but the customer ate it later...
I think this would suffice.
G. ARAVINTHAN (Legal Consultant / Solicitor) 08 April 2015
If there is a receipt or bar code or OCR code, then it is really a problem. otherwise shop keeper is safe
richardjohnson 08 April 2015
No damages no case typically
Vijay Kumar (Advocate) 08 April 2015
Thank you all for help. The Customer has filed the invoice dated 14-2-2015 having Bar Code of item.
He has even preserved the Bread till today ( Not eaten it).
Please guide what pleas / defences I should take in the Written statement.
Regards
T. Kalaiselvan, Advocate (Advocate) 12 April 2015
Literally speaking you have no case to defend but may prolong the issue till it is possible. Arrange for a compromise or an out of court settlement for so that the embarrassment may be avoided. The invoice is the strong evidence against you.
Vijay Kumar (Advocate) 12 April 2015
Thank you sir
T. Kalaiselvan, Advocate (Advocate) 12 April 2015
You are welcome for your appreciations.
![Dr. MPS RAMANI Ph.D.[Tech.]](/img/avatars/my_avatars/84227.jpg)
Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 18 April 2015
Vijay Kumar (Advocate) 23 April 2015
Thank you Dr. Ramani.
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