Karnataka

Chitradurga

CC/74/2015

Y.Kumar S/o. Yalappa - Complainant(s)

Versus

B.R.Thippeswamy S/o. G Ramareddy Owner Licence Holder Navarang Bar and Restorent - Opp.Party(s)

Shri.P.S.Satyanarayana Rao

12 Aug 2016

ORDER

COMPLAINT FILED ON : 17/08/2015

     DISPOSED ON: 12/08/2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 74/2015 DATED:  12th August 2016

 

PRESENT :-         SRI. T.N. SREENIVASAIAH : PRESIDENT                                             B.A., LL.B.,

                             SRI. N.THIPPESWAMY        : MEMBER                                         B.A., LL.B.,                  

                                     

COMPLAINANT	Y. Kumar, S/o Yallappa, The Principal Secretary, Karnataka State Building and other Construction Labours Welfare Association, Jalikatte Building, Holalkere Road, Chitradurga.   (By Shri/Smt. P.S. Sathyanarayana Rao, Advocate)
OPPOSITE PARTIES	1. B.R. Thippeswamy, S/o G. Ramareddy, Owner/License Holder, Navarang Bar and Restaurant, 5th Block, Chitradurga.   2. E. Govindaraja, S/o Eramuddappa, Authorized Liquor Seller, Navaranga Bar and Restaurant, Service Road, NH-4,  Near Pragati Gameena Bank, Chitradurga.   (By Shri/Smt. C.M. Veeranna, Advocate)

SRI. T.N. SREENIVASAIAH. PRESIDENT.

ORDER

The complainant has filed a complaint U/s 12 of C.P. Act 1986 against the Opposite Parties (herein called OPs) for direction to the OP to Rs.8,50,000/-  towards deficiency of service, unfair trade practice, mental agony and Rs.5,000/- towards costs, and such other reliefs.

2.      The brief facts of the case of the complainant are that, in order to control mental pressure, he used to drink beer often and often.  On 05.05.2016 at about 9-00 PM due to hard work and mental pressure he went to OP No.1's Navarang Bar and Restaurant to have the beer and brought two Kingfisher Blue Beer by paying cash vide receipt No.7542 and drunk one beer in the OP No.1's restaurant and took another beer bottle to have the same in the house while having dinner.  It is further submitted that, after reaching the home, within few minutes complainant had 3-4 times vomit, giddiness, irritation in chest, throat ache, irritation in his eyes and fell over the floor.  On the same day at 10-30 PM his wife Smt. Geetha took the complainant to Government Hospital for treatment and admitted in the hospital as an inpatient for two days and spent more than Rs.10,000/- towards medicine and treatment.  It is further submitted that, after got conscious, as per the instructions of the doctor complainant's wife went to home and informed the doctor about the date printed on the beer bottle, which was expired.  It is further submitted that, the date and batch numbers on the beer bottles, those who bought by the complainant are printed as 18.07.2013 – 8.53 – 06 – 05 and Bar Code No.8 – 901020140009, the same were expired before four months from the date of purchase.  The OPs have sold the expired/poisonous beer bottles, which is an offence under law, which caused pain and mental agony to the complainant.  On 06.05.2014, the wife of the complainant gave a complaint to the Deputy Commissioner, Chitradurga about selling of expired beer bottles by the OPs to take necessary action and cancel the license.  It is further submitted that, as per the directions of the Excise Inspector, the Assistant Excise Inspector conducted spot mahazar on 06.05.2014 and while physical inspection, there is no stock found belongs to the manufactured date and batch, which the OPs sold to the complainant.  For the deficiencies found during that time i.e., for the violation of license conditions, the Excise Inspector lodged a complaint, departmental enquiry has been conducted and Rs.5,000/- fine has been received from the OPs.  It is further submitted that, the OPs are selling expired date liquors and they are not maintaining inventory, which is a deficiency of service and dereliction of duties.  It is further submitted that, on 15.06.2015 and 16.06.2015, complainant issued notice through his advocate, they were served on the OPs but, OPs failed to pay the compensation and gave a false reply, which caused mental agony, pain and financial loss and etc., and prayed for allow the complaint.

 

          3. On service of notice, OP No.2 appeared through Sri. C.M. Veeranna, Advocate and OP No.1 filed a memo adopting the version filed by the OP No.2.    OP No.1 filed version denying the averments made in the complaint that, complainant in order to control the mental pressure, on 058.05.2014 at about 9-00 PM went to OP No.1's restaurant to have beer and bought two bottles of beer  by paying cash vide Receipt No.7542 and took one beer at the spot and carried another one to have the same in home while having supper.  Further it is submitted that, after reaching home, within few minutes complainant had 3-4 times vomit, giddiness, irritation in chest, ache in throat and irritation in eyes and thereby fell on the floor and on the same day at about 10-30 PM wife of the complainant took the complainant to Government Hospital for medical assistance and tool treatment for two days as an inpatient and spend Rs.10,000/- towards medicine and treatment are denied as false.  After got conscious, as per the instructions of doctor, the wife of complainant went to home and informed about the printed date present over the beer bottle, then the doctor said that, the consumed beer was expired, are all denied as false. 

It is further submitted that, the OPs have not committed any deficiency of service and there is nothing to show that, OPs have sold the beer to the complainant, which is of expired one.  On 05.05.2014, too many customers came to the OP No.1's restaurant and consumed beer, but no one has complained about the same.  It is further submitted that, OPs have paid Rs. 5,000/- for not arranged the food facility, which is one of the condition for availing the license to run the bar, not for the allegations by the complainant in the complaint.  The concerned authority has conducted investigation but nothing has been elucidated, as to the allegations made by the complainant.  It is further submitted that, OPs are having well reputation and till today they have not received any complaints like this from any of their customer.  Complainant with malafide intention, to harass the OPs and also to make unlawful gain, filed this false complaint.   In view of the above stated facts prayed for dismissal of the complaint.

 

          4. Complainant himself examined as PW-1 by filing affidavit evidence and Ex.A-1 to A-19 documents have been marked. 

 

          5. On behalf of OPs one Sri. B.R. Thippeswamy, the owner of OP No.1 examined as DW-1 by filing affidavit evidence and Ex.B-1 to B-4 and no documents have been marked. 

 

          6. Both the sides have filed written arguments and oral arguments also heard.

 

7. Now the Points that arise for our consideration for the decision of the complaint are that:

 

Point No.1:- Whether the complainant proves that, OPs have committed deficiency of service by selling expired beer bottles to him and entitled for the relief as prayed in the complaint?

 

Point No.2:- What order?

 

          8. Our findings on the above points are as follows:

 

          Point No.1:- Partly Affirmative.

          Point No.2:- As per the final order.

 

                                                ::REASONS::

 

9. Point No. 1:- It is not in dispute that the complainant on 05.05.2016 at about 9-00 PM went to OP No.1's Restaurant to have the beer and brought two Kingfisher Blue Beer bottles by paying cash of Rs.220/- vide receipt No.7542 and drunk one beer in the OP No.1's restaurant and took another beer bottle to have the same in the house.  After reaching the home, within few minutes complainant had 3-4 times vomit, giddiness, irritation in chest, throat ache, irritation in his eyes and fell over the floor.  His wife Smt. Geetha took the complainant to Government Hospital, Chitradurga for treatment and admitted in the Hospital as an inpatient for two days and spent more than Rs.10,000/- towards medicine and treatment.  It is seen that, the date printed on the beer bottle, which was expired and the date and batch numbers on the beer bottles, those who bought by the complainant are printed as 18.07.2013 – 8.53 – 06 – 05 and Bar Code No.8 – 901020140009, the same were expired before four months from the date of purchase and they were not good for usage.  The wife of the complainant given a complaint to the Deputy Commissioner, Chitradurga on 06.05.2014 about selling of expired beer bottles and as per the directions of the Excise Inspector, the Assistant Excise Inspector conducted spot Mahazar.  On conducting physical inspection, there is no stock found belongs to the manufactured date and batch, which the OPs sold to the complainant.  The Excise Inspector lodged a complaint, departmental enquiry has been conducted and Rs.5,000/- fine has been to the OPs for the violation of license conditions.  The OPs are selling expired date liquors and they are not maintaining inventory, which is a deficiency of service and dereliction of duties. 

 

10.    In support of his contention,  complainant has relied on his affidavit evidence, in which it has reiterated the contents of complainant and also riled on documents like original copy  cash bill No.7542 dated 05.05.2014 for Rs.220/- marked as Ex.A-1, Prescription slip marked as Ex.A-2, Outpatient slip marked as Ex.A-3, Receipt for having received the amount dated 31.05.2014 marked as Ex.A-4, Wound certificate marked as Ex.A-5, Treatment Chart marked as Ex.A-6, Case Sheet marked as Ex.A-7, letter written by the wife of complainant to the District Officer, Excise Department marked as Ex.A-8, Endorsement dated 04.06.2014 by the Excise Deputy Commissioner marked as Ex.A-9,  letter dated 04.06.2014 by the Excise Inspector to Deputy Superintendent of Excise, Chitradurga marked as Ex.A-10, Statement of Vendor marked as Ex.A-11, Spot Panchanama marked as Ex.A-12, License is marked as Ex.A-13, Inspection Report with stock list marked as Ex.A-14, legal notice dated 15.06.2015 marked as Ex.A-15, Postal acknowledgement marked as Ex.A-16, Legal Notice dated 15.06.2015 marked as Ex.A-17, Reply to the notice marked as Ex.A-18.

 

11.    On the other hand, it is argued by the OP that, the contentions taken by the complainant are denied as false.  It is further argued that, the OPs have not committed any deficiency of service and the OPs have not produced any document to show that, OPs have sold the beer after expiry date to the complainant. On 05.05.2014, so many customers came to the OP No.1's restaurant and consumed beer, but no one has complained.  OPs have paid Rs. 5,000/- for not arranged the food facility, which is one of the condition for availing the license to run the bar, but not for the allegations made by the complainant.  The concerned authority has conducted investigation but nothing has been elucidated, as to the allegations made by the complainant.  Complainant with malafide intention, to harass the OPs and also to make unlawful gain, filed this false complaint.  

 

12.    On the rival contentions of both the parties and on perusal of the complaint, version and documents, it is evident that, on 05.05.2014 complainant went to OP No.1's Restaurant to have the beer and bought two bottles of Kingfisher Blue Beer by paying an amount of Rs.220/- under receipt No.7542.  Out of which, complainant drunken one bottle of beer in the restaurant and took another bottle to his house to drink the same while dinner.  After reaching home, within few minutes complainant had vomit, giddiness, irritation in chest etc., and fell over the floor.  Immediately, his wife shifted him to the Government Hospital, Chitradurga for treatment and admitted in the Hospital as an inpatient for two days.  As per the instructions given by the doctor, his wife went to home and saw the date of manufacture and batch number printed on the beer bottle which the complainant brought to his house, the same was expired before four months as on the date of purchase and the same was not good for usage of human beings.  The selling of beer bottles to the customers by the OPs after expiry date is an offence and the same amounts to deficiency of service and unfair trade practice which caused the complainant to undergo pain, mental agony, for which the complainant admitted to the Hospital for treatment and spent huge amount.   In view of the above, we come to the conclusion that, the OPs have committed deficiency of service and unfair trade practice.  For the above said reason, Point No.1 is held as partly affirmative to the complainant.

 

13.    For the foregoing reasons, we pass the following.

 

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

It is ordered that, the OPs are directed to pay Rs.220/-, the cost of two bear bottles to the complainant. 

It is further ordered that, the OPs are directed to pay a compensation of Rs. 20,000/- and 10,000/- towards medical expenses along with interest at the rate of 12% p.a to the complainant from the date of complaint till realization.

 It is further ordered that, the OPs are directed to pay a sum of  Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings.

 It is further ordered that, the OP is directed comply the above said order within two months from the date of this order.

 

(This order is made with the consent of Member after the correction of the draft on 12/08/2016 and it is pronounced in the open Court after our signatures) 

 

 

MEMBER                                                   PRESIDENT

 

-:ANNEXURES:-

Complainant by filing affidavit evidence taken as PW-1

Witness examined on behalf of complainant:

                                                         -Nil-

OP by filing affidavit evidence of Sri. B.R. Thippeswamy, the Owner of OP No.1 as DW-1:

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of complainant:

01	Ex-A-1:-	Original copy  of cash bill No.7542 dated 05.05.2014 for Rs.220/-
02	Ex-A-2:-	Prescription slip
03	Ex-A-3:-	Outpatient slip
04	Ex-A-4:-	Receipt for having received the amount dated 31.05.2014 by the Hospital Authorities.
05	Ex.A-5:-	Wound certificate
06	Ex.A-6:-	Treatment Chart
07	Ex.A-7:-	Case Sheet
08	Ex.A-8:-	Letter written by the wife of complainant to the District Officer, Excise Department
09	Ex.A-9:-	Endorsement dated 04.06.2014 by the Excise Deputy Commissioner
10	Ex.A-10:-	Letter dated 04.06.2014 by the Excise Inspector to Deputy Superintendent of Excise, Chitradurga
11	Ex.A-11:-	Statement of Vendor
12	Ex.A-12:-	Spot Panchanama
13	Ex.A-13:-	License
14	Ex.A-14:-	Inspection Report with stock list
15	Ex.A-15:-	Legal notice dated 15.06.2015
16	Ex.A-16:-	Postal acknowledgement
17	Ex.A-17:-	Legal Notice dated 15.06.2015
18	Ex.A-18:-	Reply to the notice

 

Documents marked on behalf of Opponent:

-Nil-

MEMBER                                                   PRESIDENT

Rhr.