Tamil Nadu

South Chennai

CC/195/2012

K.Murugan - Complainant(s)

Versus

Hindustan Coca-Cola Beverages Ltd., - Opp.Party(s)

K.Jothisivam

16 Nov 2017

ORDER

                                                                        Date of Filing :   17.08.2012

                                                                        Date of Order :   16.11.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

                                PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                                                     TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

                         DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.195/2012

                                                               THURSDAY THIS  16^th  DAY OF NOVEMBER 2017

 

Mr. K. Murugan,

S/o. D. Kumaravelu,

No.1, Second Street,

North Jaganathan Nagar,

Villivakkam, Chennai 600 049.                          Complainant

 

                                                                 Vs

 

1.  The General Manager,

Hindustan Coca-Cola Beverage Ltd.,

Nemam Post,

Tiruvallur District.

 

2. The Proprietor, (Coca-Cola Distributor),

HCC Private Limited,

(Care of Sova Private Limited),

No.21, Woods Road,

Royapettah,

Chennai.

 

3. The Proprietor,

Sree Sastha Medicals,

Old No.25, New No.48,

Periyar Salai,

Vanniya Teynampet,

Chennai 600 018.                                                     Opposite parties

 

Counsel for Complainant        :   M/s. K. Jothisivam        

Counsel for opposite parties   :   Exparte.

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to repay the Fanta 200 ml cool drink cost of Rs.10/- and to pay a sum of Rs.80,000/- as compensation for mental agony with cost of Rs.1000/- to the complainant

 1. The averment of the complaint in brief are as follows:

         The complainant submit that on 1.5.2012 at 11.00 a.m he purchased 200 ml Fanta Cool drink from 3^rd opposite party at Teynampet.    There was  contaminated articles inside the 200 Fanta bottle.  Hence the complainant has not opened the bottle and enquired the sale person in the medical shop.   The 3^rd opposite party sales person further informed that the 1^st opposite party is the manufacture and the 1^st opposite party is the sole liability for any defect.   On 18.6.2012 the complainant issued legal notice to the opposite parties.  Even after receipt of notice the opposite party has not  send any reply.     As such the act of the opposite parties clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

2.     Inspite of receipt of notice the opposite parties  did not appear before this forum and therefore the opposite parties were  set exparte.  

3.     Though the  opposite parties  remained exparte this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

4.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit  filed by the complainant as his evidence, and also Ex.A1 to  Ex.A6  are marked and also Ex.C1 marked.

5. The Point for consideration is : -

Whether the complainant is entitled to a sum of Rs.10/- towards cost of the Fanta Bottle with compensation of Rs.80,000/- with costas prayed for ?

 

 

6. : The complainant fled his written arguments and contended that on 1.5.2012 at 11.00 a.m he purchased 200 ml Fanta Cool drink from 3^rd opposite party at Teynampet.    There was some contaminated articles found inside the 200nk  Fanta bottle.  Hence the complainant has not opened the bottle and enquired the sale person in the medical shop.   The 3^rd opposite party sales person informed that the 1^st opposite party is the manufacture and the 1^st opposite party is  solely liable for any defect.   On 18.6.2012 the complainant issued legal notice to the opposite parties as per Ex.A3.  Even after receipt of notice the opposite party has not send  any reply.  The complainant filed this complaint along with an application for sending the bottle for Food Analysis Government Laboratory after due examination the Commissionerate of Food Safety Food Analysis Laboratory, King Institute Campus, Guindy, Chennai have given a report Ex.C1 stating that “ The sample is found to contain black colour dust particles to the extent of 0.007% the presence of which makes the sample unwholesome and not fit for consumption  & hence Unsafe Food under Sec.3(1)(zz)(x)&(xi) of FSS Act, 2006” proves that the deficiency of service of the opposite parties. The complainant claiming of Rs.80,000/- towards mental agony but the complainant has not proved in such manner.   Considering the facts and circumstances of the case this Forum is of the considered view that  the opposite parties 1  to 3  are jointly and severally liable to pay a sum of Rs.10/-  towards cost of the Fanta 200 ml cool drink  and shall pay compensation of Rs.15,000/- towards mental agony with cost of Rs.5,000/- and  the point is answered accordingly.

In the result the complaint is allowed in part.  The opposite parties 1  to 3  are jointly and severally liable to pay a sum of Rs.10/- (Rupees ten only)  towards cost of the Fanta 200 ml cool drink  and shall pay compensation of Rs.15,000/- (Rupees Fifteen thousand only) towards mental agony with cost of Rs.5,000/-  (Rupees Five thousand only) to the complainant.  

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amount shall carry interest at the rate of 9% p.a to till the date of payment.

           Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 16^th day  of  November 2017.  

 

 

 MEMBER-I                        MEMBER-II                             PRESIDENT.

 

Complainant’s side documents:

Ex.A1-  18.6.2012 - Copy of Photo of the Fanta 200 ml

Ex.A2- 1.5.2012    - Copy of Cash bill for Fanta 200 ml.

Ex.A3- 18.6.2012  - Copy of legal notice.

Ex.A4- 19.6.2012  - Copy of Postal Ack.

Ex.A5- 19.6.2012  - Copy of Postal Ack

Ex.A6- 20.6.2012  - Copy of Postal Ack.

Opposite parties’ side document:        Nil

Ex.C1-  2.4.2013  - Food analysis Report from Commissionerate of Food Safety

                               Food Analysis Laboratory, King Institute Campus, Guindy,

                               Chennai

 

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.