Punjab

Sangrur

CC/494/2017

Karamjit Singh - Complainant(s)

Versus

Foji Tea Stall - Opp.Party(s)

Sh.Rajinder Goyal

15 Feb 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 494                                                                                        

                                                                 Instituted on:  22.09.2017                                                                                    

                                                                Decided on:    15.02.2018

 

Karamjit Singh son of Diyal Singh resident of Sant Attar Singh Colony, Near Police Line, Sangrur.  

                                                …. Complainant.   

Versus

 

1.       Foji Tea Stall, Sohian Road, Opposite P.S.P.C.L.Office Sangrur through its Proprietor. 

2.       M/s Guru Kirpa Traders, Ubhawal, District Sangrur through its Proprietor.

3.       Ludhiana Beverages Pvt. Limited, 185, G.T.Road, Ludhiana through its G.M.  

                                                  ….Opposite parties.

 

FOR THE COMPLAINANT:       Shri Amit Goyal,  Advocate                          

 

FOR OPP. PARTIES No.1&2 :     Exparte                          

 

FOR THE OPP. PARTY No.3 :     Shri M.S.Sethi, Advocate

 

 

Quorum

                                                

Sukhpal Singh Gill, President

Sarita Garg,  Member

Vinod Kumar Gulati, Member

                 

 

ORDER:  

 

 

Sarita Garg, Member

 

1.             Karamjit Singh, complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he  purchased ten bottles of Limca  from OP no.1 @ Rs.10/- per bottle  and paid Rs.100/-  vide bill dated 10.07.2017. When complainant was to open one bottle of Limca  he was surprised to see that there was some foreign/ unwanted particles floating inside the bottle.  The complainant did not open the bottle and approached the OPs no.1 and 2  and showed contents  inside the Limca bottle and requested  to compensate  him and OP no.2 misbehaved  with him  and  told  the complainant  that liability if any  is of the manufacturer and told the complainant to contact OP no.3. The  complainant also sent a legal notice to the OP no.3 but OP no.3 never gave any reply. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to pay Rs.50000/- on account mental agony and harassment,

 iii)   OPs be directed to pay Rs.40,000/- on account of playing with the health of consumers and to pay Rs.5500/- as litigation expenses.

2.             Notices were sent to the OPs but none has appeared for the OPs no. 1 and 2 despite service. As such OPs no. 1 and 2 were proceeded exparte.

3.             In reply filed by the OP no.3, it is stated that in the present complaint no batch number date and timing so far disclosed as well as with 200 Ml which proved that said filled bottle is temper one, spurious one  as such liability of spurious products lies on the person who sold it as such complaint against OP no.3 deserves to be dismissed. It has been further stated that legal notice dated 24.07.2017 nowhere disclosed  that alleged bottle of 200 Ml of Limca purchased by him against the contents of attached bill dated 10.07.2017 of OP no.1.  Legal notice is also not showing batch number with date of packing/ bottling or manufacturing of limca by OP no.3. Name of  shopkeeper as Guru Kirpa Traders is mentioned in the legal notice whereas in the complaint same is disclose to be Guru Kirpa Traders.

4.             The complainant has tendered documents Ex.C-1 to Ex.C-3 and closed evidence.

5.             The complainant  purchased ten bottles of Limca  product of Coca Cola from OP no.1 @ Rs.10/- per bottle  and paid Rs.100/- to OP no.1 on  10.07.2017 i.e. clear from Ex.C-1 i.e. invoice. The complainant has stated in his complaint that when he  started  to open one of above said bottles of Limca  then suddenly  he was surprised to see that there were some foreign/ unwanted particles floating inside the bottle.  Instead of opening the said bottle he immediately complained to OP no.1. The OP no.1 stated that it was responsibility of the OP no.2 who is the whole seller. He gave him bill purchasing of bottles issued by OP no.2  i.e. Ex.C-2 then the complainant complained to OP no.2 . OP no.2 has stated that it is liability of OP no.3 who is the manufacturer of the said bottle.  The  complainant also sent a legal notice to the OP no.3 on 24.07.2017 i.e. Ex.C-3 but OP no.3 did not give any reply.

6.             The OP no.3 has  stated in his reply that bottle in question was never  manufactured/bottled/packed in the plant of OP no.3. Moreover in the present complaint no such batch number date and timing so far disclosed as well as with 200 Ml which proved that said filled bottle is tampered one, spurious one  as such liability of spurious products lies on the person who sold it as such complaint against OP no.3 deserves to be dismissed. The OP no.3 has further stated in his reply that no  application for sending  the alleged bottle to Govt. Laboratory was served on the OP no.3.

7.             The complainant has cited a ruling of Hon'ble State Commission namely Aradhana Soft Drinks  Vs.  Swapanbir Singh , First Appeal No.261 of 2012 wherein it was held that  it was not necessary even to send the bottle  of Mirinda for laboratory test because the same had been produced in a sealed condition before the District Forum. The contention of the appellant that the compensation should not be allowed in a case where the adultrated or unhygienic cold drink has not been consumed therefore cannot be accepted". In rebut, OP no.3 has cited ruling of Hon'ble National Commission namely Revision Petition No.42 of 2018 titled as Narendra Tomar Vs. Bisleri International Pvt. Limited, Revision Petition No.42 of 2018 where in it was held that " The learned counsel for the petitioners/complainants emphasizes that the respondents could have also requested the District Forum to send the bottles to the appropriate laboratory. There is no denial that any party including the OP in a consumer complaint, can make such a request to the District Forum but, that does not absolve the petitioners/ complainants from discharging the onus placed on them to prove that the water bottles purchased by them were genuine bottles manufactured by Bisleri International Pvt. Limited and there was no tampering with the said bottles till the time they allegedly found trash inside the bottles. The petitioners/ complainants, in  my opinion , failed to discharge the said onus placed on them".

8.             From the above discussion we find that the complainant has failed to prove that bottle in question is purchased by the OP no.1 because no batch number is mentioned on the bill issued by OP no.1. The complainant has also failed to prove that OP no.2 is an authorized dealer of OP no.3. Further, the complainant has not proved that OP no.3 is manufacturer of the said bottle in question. The complainant has not moved an application for sending  the bottle to an appropriate laboratory with a request to examine the same and give  a report so that it could  be proved that  there was no tampering with the said bottle till the time he allegedly found foreign particles inside the bottle. We find that the complainant failed to discharge the said onus placed on him.

9.             For the reasons recorded above, we find no merit in the complaint and same is dismissed however with no order as to costs. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                   

                Announced

                February 15, 2018

 

 

 

        (Vinod Kumar Gulati)        (SaritaGarg)    ( Sukhpal Singh Gill)                                                                                                                                                                                                                 Member                    Member              President