A consumer commission in Jaipur has directed Pvt Ltd to pay Rs 8,000 in compensation and litigation expenses to a customer who alleged that a Rs 5 packet of Lay's potato chips contained only 4 grams of chips against its declared weight of 15 grams. The District Consumer Disputes Redressal Commission-II, Jaipur, also ordered the company to refund the packet's purchase price of Rs 5, along with 6% annual interest from April 6, 2022, until payment. The order, dated September 17, 2026, came in a consumer complaint filed by Chandraman Jalan, proprietor of Jalan Building and Hardware Store. The commission held PepsiCo, the manufacturer, liable but dismissed the complaint against retailer Metro Cash & Carry India Pvt Ltd.
Lay's chips packet weighing 4 grams instead of 15 grams: What did the consumer allege? According to the complaint, Jalan purchased several food products from Metro Cash & Carry on November 10, 2020, for serving guests at his residence. The purchase included a Rs 5 packet of Lay's potato chips manufactured by PepsiCo India Holdings.
The purchase was recorded under bill number 4504/102009356, dated November 10, 2020.
While serving the snacks to his guests, Jalan felt that the chips packet was unusually light. He subsequently weighed its contents and allegedly found only 4 grams of chips, against the declared quantity of 15 grams.
He approached the retailer with his complaint but alleged that it did not take appropriate action. He subsequently moved the consumer commission on April 6, 2022, alleging deficiency in service and unfair trade practices.
Why did Metro Cash & Carry escape liability in Lay's packet case? During the proceedings, Metro Cash & Carry argued that it had sold the product in its original packaging and was not responsible for any shortage arising during manufacturing.
The retailer maintained that the manufacturer was responsible for the quality and quantity of the packaged product. It also argued that the complainant had not established any deficiency in service or unfair trade practice on its part.
The commission examined the purchase bill, affidavits and other documents submitted by the parties. It observed that the retailer had neither manufactured the chips nor tampered with the original packaging.
It also noted that the complainant had failed to produce evidence establishing any independent deficiency in service by Metro Cash & Carry.
The commission consequently dismissed the complaint against the retailer, holding that the alleged shortage in the packaged product was the manufacturer's responsibility.
PepsiCo failed to appear before Jaipur consumer commission The commission's order also recorded that PepsiCo India Holdings Pvt Ltd did not appear before it despite receiving notice.
Ex-parte proceedings were initiated against the company on July 22, 2022. PepsiCo subsequently filed an application on October 10, 2023, through advocate Ankit Sethi, seeking to set aside the ex-parte proceedings.
However, the commission dismissed the application on November 8, 2023.
The commission eventually allowed the complaint against PepsiCo while rejecting the case against Metro Cash & Carry.
PepsiCo ordered to pay Rs 8,000 compensation, Rs 5 refund with interest In its September 17 order, the Jaipur consumer commission directed PepsiCo to pay the complainant the following amounts:
- Rs 5: Refund of the purchase price of the Lay's packet.
- Rs 5,000: Compensation for mental harassment.
- Rs 3,000: Litigation expenses.
The company has also been directed to pay 6% annual interest on the Rs 5 refund, calculated from April 6, 2022, until the date of payment.
PepsiCo has been given one month to comply with the order. If it fails to pay the Rs 8,000 compensation and litigation expenses within the stipulated period, it will also have to pay 6% annual interest on that amount from September 17, 2026, until payment.
The commission's order makes PepsiCo liable for the compensation and refund, while Metro Cash & Carry has been cleared of the allegations in the complaint.