Kerala

Idukki

CC/41/2019

Gypson K John - Complainant(s)

Versus

kerala state bevareges - Opp.Party(s)

30 Oct 2020

ORDER

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 30^th day of October 2020

Present :

SMT.ASAMOL P. PRESIDENT-IN-CHARGE

SRI.AMPADY K.S. MEMBER

 

COMMON ORDER FOR CC Nos.41/2019 and 42/2019

 

DATE OF FILING :14/02/2019

CC NO. 41/2019

Between

Complainant : Jipson K.Jhon, S/o Jhon,

Kuttivelil House,

Pottankadu Kara, Bysonvalley Village,

Devikulam Taluk, Idukki district.

(By Adv: Prince Jose)

And

Opposite Party : 1 . The Manager,

Kerala State Beverages Corporation,

Kunchithanny P.O., Kunjithanny.

(By Adv: Shiji Joseph)

2 . The Managing Director,

Kerala State Beverages Corporation,

Bevco Tower, Contonment House Road,

Vikas Bhavan P.O., Palayam,

Thiruvananthapuram 695 033.

 

 

DATE OF FILING :14/02/2019

CC NO.42/2019

Between

Complainant : Sudhin, S/o Baby,

Cherupushpam House,

Bysonvalley Kara, Bysonvalley Village,

Udumbanchola Taluk, Idukki District.

(By Adv: Prince Jose)

 

 

(Cont....2)

-2-

And

Opposite Party : 1 . The Manager,

Kerala State Beverages Corporation,

Kunchithanny P.O., Kunjithanny.

(By Adv: Shiji Joseph)

2 . The Managing Director,

Kerala State Beverages Corporation,

Bevco Tower, Contonment House Road,

Vikas Bhavan P.O., Palayam,

Thiruvananthapuram 695 033.

 

C O M M O N O R D E R

 

SMT. ASAMOL P. (PRESIDENT -IN -CHARGE)

 

The case of the complainant is that,

 

The complainant bought two bottle beer from opposite parties on 06/02/2019. After the consumption of the beer, the complainant suffered vomiting, headache, diarrhoea and itching over the body. The complainant went to D R plus family health care hospital, Kunjithanni for treatment. But the complainant is not overcome after the treatment from Kunjithanni hospital. Then the complainant went to Taluk Head Quarters Hospital, Adimali and has taken treatment. Then the complainant looked at the bottle and it is seen that the date of expiry is over. Moreover, it is informed from the doctor of Taluk Head Quarters Hospital, Adimali that the reason of illness was the consumption of expired dated beer.

 

The complainant has spent Rs.8000/- for hospital treatment and traveling expenses. The complainant is feeling fear of death due to these neglectful acts of opposite parties. Then the complainant approached the opposite party for informing the matter. But the opposite party insulted the complainant in front of public. The complainant has suffered mental agony and financial loss due to these acts of opposite parties. Hence opposite parties are liable. The complainant alleged that there is deficiency in service on the part of opposite parties. Hence complainant claims the following reliefs.

(Cont....3)

-3-

 

(a) Opposite parties may be directed to refund the price of the beer Rs.140/-.

(b) Opposite parties may be directed to pay Rs.8000/- as expenses incurred by the complainant for treatment and other related expenses.

(c) Opposite parties may be directed to pay Rs.1 Lakh as compensation for mental agony etc.

(d) Also opposite party may be directed to pay Rs.5000/- as cost of the case.

 

Notice served to opposite parties from the Commission. Opposite parties appeared and filed written version.

 

The statements from the written version are that it is true that the complainant purchased two 330ml beer bottles from the first opposite party's outlet. It is denied that the complainant has developed difficulties due to the consumption of beer. The beer was bottled on 11/06/2018 and it has to use within 6 months. The beer was supplied in December 2018, a few days before its expiry. Since the opposite parties was freshly appointed from PSC post, he was not familiar with the expiry. 330Ml bottle of beer is selling much less compared to the full bottle beer. It left unnoticed and happened to be with the items kept for sale and by mistake sold to the complainant. Some people, who are allergic to beer and wheat products, may develop some bowel irritation and that is not associated with the age of beer. The complainant has not produced any medical evidence to prove his treatments and no documents to prove the damages. The first opposite party submitted that he never did anything knowingly, and willfully so as to harm the complainant. Hence complaint may be dismissed.

 

The complainant has adduced evidence. Witness was examined as PW1. 4 documents were produced and it marked as Ext.P1 to Ext.P4. P1 is photo of the beer bottle, P2 is bill from opposite parties, P3 is out patient receipt from DR plus family health care hospital and P4 is casualty ticket from HMC THQH, Adimali. Witness is the complainant in CC No.42/2019 case. Both cases are connected. They were friends and jointly consumed the said beer. In these cases, same parties same subject matter and same cause of action. So both cases are jointly tried.

 

(Cont....4)

-4-

 

The examination of the witness is considering in both cases. Beer bottles produced and marked as MO1 and MO2 respectively. He also went to the hospital for treatment. Ext.P2(a), Ext.P5 and Ext.P6 were marked. Ext.P2(a) is the bill from the first opposite party. Ext.P5 is the receipt of family health care hospital and Ext.P6 is the casualty ticket from THQH, Adimali.(Subject to proof marked).

 

Opposite parties also adduced evidence by way of proof affidavit and examined as DW1.

 

Heard,

 

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?

 

The Point:- We have heard both learned counsels and have gone through the evidence on record. It is admitted that the complainant has purchased beer from the first opposite party on 06/02/2019. Ext.P2 and Ext.P2(a) were marked. These are the bills from the first opposite party. As per Ext.P1 ie, the photo of beer bottle, it is seen that the date of packaging is 11/06/2018 and also the first opposite party submitted that the beer was bottled on 11/06/2018 and it has to use within 6 months. Therefore we have found that expired beer has sold to the complainants from the first opposite party. Because, the beer was expired on 11/12/2018 and the date of purchase was 06/02/2019.

 

As per Exts.P3, P4, P5 and P6 both complainants have taken hospital treatments for their illness caused by the consumption of expired beer. But they have not produced any bill from the hospitals. Therefore we cannot found that how much amount was incurred by the complainants. In Ext.P4 and Ext.P6, it is said by the complainant to the doctor is mentioned that itching over body, vomiting and headache and as per that the doctor has prescribed the medicine for 3 days. The learned counsel for opposite parties argued that it is not seen the

 

(Cont....5)

-5-

signature, seal and name of the doctor in Exts.P4 and Ext.P6. PW3 has deposed that the doctor has initial in these documents. We have looked at these documents and our opinion that it is the original casualty ticket from HMC THQH hospital, Adimali and therefore doctor's initial is sufficient to approach the hospital, for their treatment. But the complainant has not produced medical report from the doctor for proving the difficulties such as vomiting, headache and itching over body happened due to the consumption of the expired beer. Since the medical report is not produced by the complainant it cannot believable that it happened due to the use of expired beer.

 

From the view of the above discussion, the complaint is partly allowed. The opposite parties are directed to refund the price of the beer Rs.140/- and also the opposite parties are directed to pay Rs.6000/- as cost of the case to the complainants jointly within 30 days from the date of receipt of the copy of this order, failing which these amount shall carry 12% interest from the date of default till its realization.

 

Pronounced by this Commission on this the 30^th day of October, 2020.

 

 

Sd/-

SMT. ASAMOL P., PRESIDENT-IN-CHARGE

Sd/-

SRI.AMPADY K.S., MEMBER

 

 

 

 

 

 

 

 

 

 

 

(Cont....6)

-6-

 

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1 - Sudhin Baby

On the side of the Opposite Party :

DW1 -Anoop G.

Exhibits :

On the side of the Complainant :

Ext.P1 - Photo of the beer bottle

Ext.P2 - Bill from opposite parties

Ext.P2(a) - Bill from the first opposite party

Ext.P3 - Out patient receipt from DR plus family health care hospital

Ext.P4 - Casualty ticket from HMC THQH, Adimali

Ext.P5 - Receipt of family health care hospital

Ext.P6 - Casualty ticket from THQH, Adimali

MO1 & MO2- Beer Bottles.

On the side of the Opposite Party :

Nil.

 

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT