KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL NO.830/02 JUDGMENT DATED.4.10.08 PRESENT JUSTICE SHRIK.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARNGADHARAN -- MEMBER Hindustan Coca-cola Beverages Pvt.Ltd., Kannimary, -- APPELLANT Palakkad. (M/s.Menon & Pai) VS. 1. M.J.Biju, Mukalummuriyil House, Azhoor, Pathanamthitta. 2. The Proprietor, -- RESPONDENTS Margin Free Market,Pathanamthita. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellant is the first opposite party (Hindustan Coca-cola Beverages Pvt. Ltd.). The appellant and the second opposite party, the Proprietor of the Margin Free Market are under orders to pay Rs.5000/- as compensation and also to pay Rs.38.96/- the price of the commodity with interest at 12% from the date of purchase ie. on 27.1.01 till payment and also cost of Rs.1000/-. It is the case of the complainant that he purchased 1.5 litre bottle of Coca-cola from the second opposite party on payment of Rs.38.96. He brought the same and went his house. He found that the bottle contained rotten decomposed foreign body inside. Hence, he did not open the bottle. Lawyer notice was issued. But no reply received. The first opposite party filed version denying the purchase from the second opposite party. It is also contended that the material has not been subjected to any test by the appropriate laboratory. It is also contended that the complainant ought to have examined the goods before purchase. It is also contented that no complaint has been filed before the health authorities. The allegation of contamination is also denied. The evidence adduced consisted of the testimony of PW1, P1 to P2 and M.O.1. The Forum has found that the bottle is sealed and infect. The Forum has also noted that there are foreign bodies inside the bottle. There is also visible layer of brown colour precipitated above the water level. The Forum has observed the above layer is constituted by the decomposed foreign bodies The contention for the counsel for the appellant is that Section 13 (1) (c ) of the Consumer Protection Act ought to have been compliedwith by subjecting the material object for appropriate laboratory testing. We find that Section 13 (1) (c ) provides that where the defect cannot be determined without proper analysis or test the same should be forwarded to the appropriate laboratory. In the instant case the Forum could find out that the content in the bottle is contaminated. Further no evidence have been adduced by the appellant before the Forum. In the circumstances, we find that no reason to interfere with the order. In the result, the appeal is dismissed. JUSTICE SHRIK.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARNGADHARAN -- MEMBER S/L
......................JUSTICE SHRI.K.R.UDAYABHANU
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