IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 31st day of March , 2012
Filed on 28.09.2011
Present
1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member)
in
C.C.No.320/2011
Complainant :- | Opposite party:- |
Sri. Surendran, Aasha Nivas, Varanad P.O, Cherthala, Alappuzha District ( By Adv. P.V. Babuji, Cherthala.) | 1. Consumer Manager,Calsberg India Pvt.Ltd, Plot No: 52, Sector 32, Gurgaon-122001, Haryana. 2. The Managing Director, K.S.B.(M&M)C Ltd, Sasthamangalam, Thiruvananthapuram. 3. The Manager , K.S.B .C.F.L.1 Shop No. 1-55, Court Junction, Cherthala. (By Adv. K.P.Mehaboob Sheriff Alappuzha) |
O R D E R
SRI.JIMMY KORAH (PRESIDENT)
The complainant case in a nutshell is as follows: - The complainant on 6th July 2011 purchased 2 bottles Calsberg Beer from the opposite parties. The manufacturing date in the bottle was 8th December 2010. Wit out noticing the same the complainant consumed the beer. Sometime later, the complainant experienced all sort of physical discomfort to the extent of taking him to a physician. The complainant had to take medicine and to undergo treatment for the same. That apart, the unpleasant event attracted the attention of the neighbours and other people at large causing injury to the name and fame of the complainant and his family. The opposite parties sold the stale beer after the expiry date of the same. The opposite parties inflicted physical as well as mental agony to the complainant. The opposite parties lowered the reputation of the complainant the eye of the other people. The complainant sustained monetary woes as well. Got aggrieved on this, the complainant approached this Forum for compensation and relief.
2 On notices being sent, the opposite parties turned up and filed version. The opposite parties' contention is that they sell beer of best quality. The allegations of the complainant are without any basis and unsupported by materials. The opposite parties suspect that the complainant is acting at the behest of some anonymous persons. According to the opposite parties, the complainant could have, the least bit produce the materials as to his treatment consequent upon his alleged intake of the material beer. The opposite parties contend that the complaint is one, willfully fabricated with well-designed monetary intentions. The complaint is ill-motivated, frivolous` and vexatious. The same is to be dismissed with compensatory cost to the opposite parties.
3. On filing versions by the opposite parties, the complainant, for the best reasons known to him appeared to have disinclined to appear before this Forum and adduce evidence to substantiate his case. The case was posted to umpteen occasions. Strangely yet, the complainant did not make it a point to turn up before this Forum or let in any evidence. In this context, having no course open to this Forum the complaint is dismissed .
4. We must observe that this sort of practice by the complainant is absolutely unfair. So we feel that an amount of Rs. 1000/- ( Rupees One thousand only ) each to the first and second opposite parties will be ample as a token compensation for the frivolous and vexatious complaint filed by the complainant , invoking section 26 of the C.P Act 1986. We hereby direct the complainant to pay Rs. 1000/- (Rupees thousand only ) each to the first and the second opposite parties or to deposit the same with this forum, within one month from the date of this order .
In the wake of whatsoever have been discussed hereinabove, the complaint is dismissed , with compensatory cost.
Pronounced in open Forum on this the 31st day of March , 2012
Sd/- Sri.Jimmy Korah
Sd/-Sri.K. Anirudhan:
Sd/- Smt. N.Shajitha Beevi
Appendix:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-sh/-
Compared by:-
