District Consumer Disputes Redressal Forum
Surya Sen Sarani Municipal Building, 1st Floor, Balurghat Dakshin Dinajpur Pin - 733101.
Telefax: 03522-270013
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Consumer Complain No.:47/05
Complainant Vs Opposite Party / Parties
Milon Dutta (1) Bisleri Company – R & A
S/o Narayan Ch. Dutta Aqua Mineral Pvt. Ltd. N.H.-6, Salap more,
Matree Bhawan, Batar Para Mumbai Highway, Howrah – 711409,
PO: Balurghat (2) Biswanath Saha (Retailer) Perfume 3 ½ Nomore
Dakshin Dinajpur Balurghat, Dakshin Dinajpur.
(3) Soumitra Kundu
Proprietor – M/s. Kundu Enterprises
Uttar Chakbhabani, Balurghat, Dakshin Dinajpur.
(4) Sales Manager,
M/s. Orient Beverages Ltd.
225-C, A.J.C. Bose Road, Kol- 700 020.
Order No.: 10
Dt. 15.12.2006
Present (1) Sri S. Bhattacharyya - President
(2) Sri S. K. Ghosh - Member
This is to consider of an application U/s 12 of the Consumer Protection Act, 1986, filed by the complainant alleging that on 29.11.2005, he purchased one drinking water packed bottle made of “Bisleri Ltd.” from the shop of Biswanath Saha, Balurghat (OP No.2). After purchasing the said bottle complainant found some foreign particles floating in the water inside the packed bottle. According to the complain the water of the bottle is not pure and as such he filed a petition for taking necessary action against the OPs.
OP No.2, Biswanath Saha, a retailer appeared before this Forum and submitted a petition stating that he purchased the packed bottle from the local dealer Sri Soumitra Kundu (OP No.3). So he is not responsible for any defect in the bottle.
OP No.3, S. Kundu proprietor of M/s. Kundu Enterprises Balurghat, accordingly, has been made party to this case who submitted written version stating that the packed bottle of water has been supplied by the manufacturers M/s. Orient Beverages Ltd. of Kolkata. Since, the said company supplied the packed bottle water for sale he is not responsible any defective therein.
Contd. Page 2
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Accordingly, M/s. Orient Beverages Ltd. who produces the Bisleri drinking water bottle has been made party to this case as OP No.4. In response to the notice, Mr. Sudip Bhattacharjee, Sales Manager of M/s. Orient Beverages Ltd. appeared before this Forum and after inspection of this bottle submitted that after testing of the bottle water in their laboratory, he will be able to throw light as to whether there is any defect in the water of the bottle. He also proposed to take sample of the water of the bottle in question.
Complainant filed a petition stating that the water of the bottle may be tested by the National Laboratory and he will bear the cost.
In view of the aforesaid fact, this Forum made a communication with the Director of National Testing House, Govt. of India at Salt Lake Kolkata – 700 091, who informed that the water can be tested in their laboratory if amount of Rs.14,000/- plus 12.24% of service tax are deposited in advance by Bank Draft along with at least 5 liters of water.
In view of the aforesaid communication from National Testing House it appears before us that the testing of water of bottle in question by the National Testing House is also impossible inasmuch as we have no stock of 5 liters of water. Further, the cost for test also appears to be so high and unreasonable that it is quite impossible for any party to bear such cost.
The Forum also made communication with Executive Engineer P.H.E. Dakshin Dinajpur, Govt. of W. Bengal at Balurghat for testing of the water of the bottle. But no answer has yet been received from them.
In view of the aforesaid facts and circumstances of the case, we are of the views that the testing of water in question by the Govt. Laboratory appears to be impossible and without such testing. The allegation cannot be ascertained. Consequently, the case fails.
Accordingly, it is O R D E R E D
That the complaint is dismissed on contest without cost.
By Order of the Forum
I agree,
…………………………………….. ………………………………….
Member President
District Consumer Disputes Redressal Forum District Consumer Disputes Redressal Forum
Dakshin Dinajpur at Balurghat Dakshin Dinajpur at Balurghat
