Maggi controversy: Supreme Court revives govt's case against Nestle India in NCDRC
New Delhi, Jan 3 : The Supreme Court Thursday revived the government case in National Consumer Disputes Redressal Commission (NCDRC) against Nestle India seeking damages of Rs 640 crore alleging unfair trade practices, false labelling and misleading advertisements.
The top court had on December 16, 2015 stayed the proceedings before the NCDRC and directed the CFTRI (Central Food Technological Research Institute, Mysuru) to place its test report before it.
A bench of Justices D Y Chandrachud and Hemant Gupta was told by senior advocate Abhishek Manu Singhvi, appearing for Nestle India, that tests reports of the Mysuru lab had been submitted and it found that lead content in Maggi noodles was well within the limit.
"Why should we be eating Maggi with lead in it?", Justice Chandrachud asked Singhvi, who replied that lead content in the noodles was well within the permissible limit and there was some amount of lead in various other products.
The bench said the report of CFTRI, where the samples of Maggi noodles were tested following earlier orders of the court, will form the basis for the proceedings before the NCDRC.
"We are of the view that CFTRI report be evaluated by the NCDRC in the complaint before it. It will not be appropriate for this court to pre-empt the jurisdiction of NCDRC... All the rights and contentions of the parties will remain open," the bench said.
During the hearing, Additional Solicitor General Vikramjit Banerjee, appearing for Centre said that in the wake of the Mysuru lab report the matter should go back to NCDRC and stay on the proceedings should be vacated.
Singhvi said the matter has now become infructuous as the report is in my favour and presence of MSG (monosodium glutamate) was not found.
He along with senior advocate Arvind Dattar opposed sending the matter back to NCDRC saying nothing remains to be decided after the lab report.
"Why should we usurp the power of NCDRC. We will send the lab reports to the commission and them ask to dispose of the complaint filed before it," the bench said adding that the appeal against the Bombay High Court order which had in 2015 quashed the Food Safety Standards Authority of India (FSSAI) ban order against Nestle's Maggi noodle will be heard at a later stage.
The Consumer Affairs Ministry had in 2015 filed a complaint against Nestle India before the NCDRC using a provision for the first time in the nearly three-decade-old Consumer Protection Act.
It had filed a complaint against Nestle for causing harm to Indian consumers by allegedly indulging in unfair trade practices and false labelling related to the Maggi noodles product.
It was for the first time that the government had taken action under Section 12-1-D of the Consumer Protection Act, under which both the Centre and states have powers to file complaints.
In the petition filed before the NCDRC, the ministry had charged that Nestle India has misled consumers claiming that its Maggi noodle was healthy -- "Taste bhi healthy bhi".
Nestle had to withdraw its instant noodles brand Maggi from the market over allegations of high lead content and presence of MSG.
The food safety regulator FSSAI had banned Maggi noodles after it found excess level of lead in samples, terming it as "unsafe and hazardous" for human consumption.
FSSAI had also said Nestle violated labelling regulations on taste enhancer 'MSG' and ordered the company to submit a compliance report on its orders.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
UP: Govt hospital staff booked for sexually assaulting woman in pretext of ultrasound test
Gorakhpur (PTI): A hospital employee was booked for allegedly sexually assaulting a woman in the pretext of an ultrasound test here in the district women's hospital, police said on Saturday.
According to the complaint, the woman, a resident of the Gulriha area, visited the district women's hospital on Thursday morning for an ultrasound test.
She was directed to a room, where Abhimanyu Gupta was conducting ultrasounds. When her turn came, the accused allegedly stared at her and told her to remove all her clothes, claiming it was necessary for the test and that a massage would also be required, she said.
ALSO READ: UP: Girl kidnapped, raped multiple times over 25 days; accused held
The woman alleged that once she complied, the accused began making obscene advances and tried to force himself on her. When she screamed, he allegedly gagged her, abused her and threatened to kill her before pushing her out of the room.
She said her complaints within the hospital went unheard, forcing her to approach the police.
Taking cognisance of the complaint, the hospital administration constituted a three-member inquiry committee, officials said.
Senior consultant (paediatrics) Dr Jay Kumar said, "The woman has levelled serious allegations against a staff member. Senior officials have been informed, and a departmental inquiry is underway. Strict action will be taken if the charges are proved."
Kotwali Station House Officer Chatrapal Singh said a case has been registered, and efforts are on to nab the accused.
