DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
RBT/Consumer Complaint No. 197 of 10.5.2016
Decided on: 19.4.2017
Parshotam K. Garg, Advocate, R/o House No.67, Ward No.13, Khanauri Mandi, Tehsil Moonak, District Sangrur.
…………...Complainant
Versus
1. M/s Pepsico India Holding Pv t.Ltd. Villate Ali Asgarpur, P.O.Ganjbar, District Panipat (Haryana)-1321023, through its Managing Director.
2. Sunny Ahuja, Prop. Sunny Confectionary and Juice Bar, Opp. Punjabi University, Patiala.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Sunil Kumar Verma, Advocate,
counsel for complainant.
Sh.Amit Jain,Advocate, counsel for opposite party No.1
Sh.Amit Trehan,Advocate, counsel for
Opposite party No.2
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh. Parshotam K.Garg,Advocate has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-
- To pay Rs.2,00,000/- as compensation alongwith interest @24% per annum, for causing mental tension and agony to him
- To pay Rs.11,000/-as costs of litigation and any other relief which this Forum may deem fit.
2. In brief, the case of the complainant is that 0n 4.4.2012 ,he purchased 12 bottles of Slice Cold Drink of 250ml. each from OP no.2 for an amount of Rs.144/-@12/- per bottle. On 5.4.2012, he was surprised to see that out of these 12 cold drink bottles, three bottles were full of waste material and one of the bottle was full of rapper of Alphen level candy and one another bottle was also contained wastage dots. In this regard, he approached OP no.2. On checking, the bottles were found to be manufactured by Op no.1.It is alleged that nine bottles were consumed by him. He suffered from some health problems due to the consumption of said the cold drink. It is stated that it is the duty of the OPs to ensure the quality of the product before selling. By selling the adulterated products, Slice Cold Drinks, the OPs have not only negligent but also there is deficiency of service on their part.
3. On being put to notice, by the then Ld. bench of the District Consumer Disputes Redressal Forum, Sangrur, the OP no.2 failed to appear and was proceeded against exparte while the defence of OP no.1 was struck off .
4. In evidence, the complainant tendered in evidence his affidavit, Ex.C1 alongwith the documents Exs.C2 bill, Ex.C3 legal notice and Exs.C4 &C5 receipts.
5. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
6. It may be stated that earlier on 24.5.2012, the complainant, for redressal of his grievance, had filed a complaint before the District Consumer Disputes Redressal Forum, Sangrur, which was allowed by the said Forum by its order dated 5.10.2012. However, on filing of an appeal by the O.Ps against the said order, the Hon’ble State Commission, Punjab, Chandigarh, vide its order dated 6.4.2016, remanded back the complaint to this Forum, to decide it afresh strictly as per existing evidence on the file of the District Forum, Sangrur and no fresh evidence can be allowed by this Forum.
7. From the invoice dated 4.4.2012,Ex.C2,it is evident that the complainant, purchased 12 bottles of slice drinks of 250 ml each , for a sum of Rs.144/- @ 12/- for each bottle from OP no.2. The grievance of the complainant is that three out of 12 bottles of slice cold drinks were containing some dirty waste material. Although the contaminated impugned bottles have not been seen by us, but the said bottles were duly perused/ inspected by the then ld. bench of District Forum, Sangrur and they had observed that seals of all the three bottles were intact and no tampering of the seals was found. In one slice cold drink bottle, a rapper of toffee was floating, in the 2nd bottle the colour of the cold drink was changed and same was the case with the 3rd bottle. These facts have been found mentioned in para no.5 of the order dated 5.10.2012, passed by the Ld. District Forum, Sangrur. We respectfully agree with the observations made by the then Ld. Bench of District Forum, Sangrur and do not hesitate to hold that OP No.1 being manufacturer and OP no.2 being seller, by selling the said contaminated bottles of slice drink, have not only committed deficiency in service but have also indulged into unfair trade practice. Consequently, we allow the complaint and direct the O.Ps in the following manner:
- To pay a lump sum amount of Rs.50,000/- as compensation, alongwith interest @7% per annum from the date of filing of the complaint i.e. 24.5.2012 till realization,
- To pay Rs.10,000/- as litigation costs
The Ops are further directed to make the compliance of the above said directions jointly and severally, within a period of 30 days from the date of the receipt of the certified copy of this order, failing which the Ops shall pay interest @9% per annum on the compensation amount of Rs.50,000/-.Certified copies of this order be sent to the parties free of cost under the Rules.
ANNOUNCED
DATED:19.4.2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
