Chandigarh

DF-I

CC/329/2020

Satish Kumar - Complainant(s)

Versus

M/s Rajasthan Liquors Ltd - Opp.Party(s)

Devinder Singh

08 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/329/2020
Date of Institution	:	25.8.2020
Date of Decision	:	8/9/2023

 

Satish Kumar son of Shri Banwari Lal resident of House No.4255, Sector 46-D, Chandigarh-160047.

 

… Complainant

V E R S U S

1.   M/s Rajashthan Liquors Ltd. through its Managing Director, registered office 5^th floor, D-3, District Centre, Saket, New Delhi-110017.

2.   M/s Rajasthan Liquors Ltd. through its Managing Director, village Haripur Hinduja District SAS Nagar 140507.

3.   M/s Pernod Ricard India (P) Limited through its Managing Director, Building No.8C, 15^th floor, DLF Cyber City, DLF phase II, Gurugram-122002.

4.   M/s Supreme Liquors through its prop/partner/Director, English wine shop Industrial Area, Ram Darbar, Phase-II, Chandigarh-160002.

.  … Opposite Parties

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURESH KUMAR SARDANA	MEMBER

                       

ARGUED BY		Complainant in person.
		OP No.1&2 exparte.
		None for OP No.3
		Sh. Ajay Singh Parmar, Advocate proxy for Sh. Deepak Aggarwal, Advocate for OP No.4.

Per SURESH KUMAR SARDANA, Member

     Briefly stated the complainant on 25.8.2019 purchased a bottle of Royal Stag manufactured by OPs No. 1 to 3 from OP No.4 by paying an amount of Rs.430/-. Later on when in the evening the complainant was to consume the said whisky from the bottle he shocked to notice some blackish foreign object inside it though he has not opened its seal.  After thorough examination of the bottle the complainant noticed that it is a dead fly. The complainant took the matter with the OPs several times and even visited personally to OP No.4 but nothing was done. When the grievance of the complainant was not redressed by the OPs he sent a legal notice dated 16.9.2019  which was replied by the OPs and OP No.3 without any enquiry termed the bottle as spurious one and offered to replace  it free of charge and also asked to handover the same for examination in its laboratory but the complainant has not handed over the same under the apprehension that the OPs may destroy the bottle or get a favourable report. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed.

2. OPs No.1&2 did not turn up despite due service, hence vide order dated 8.12.2020 they were proceeded against exparte
3. The Opposite  Party No.3 in its reply stated that the complainant has failed to establish that he purchased the bottle in question manufactured by the OP  and moreover he failed to establish that he has purchased the bottle from a genuine retailer licensed by the excise. It is denied that that there is any foreign object in the bottle manufactured by the OP. It is averrd that some unscrupulous manufacturers manufacture and sell spurious alcoholic beverages and use the bottles of the OP to camouflage and pass off such spurious goods as those of the OP. It is alleged that the complainant never allowed the answering Op to  physically inspect/examine the bottle and find out the truth before filing the complainant and moreover the alleged defect in the bottle which cannot be determined without proper analysis or test of the goods regarding the authenticity by appropriate laboratory. Denying any deficiency in service on its part a prayer for dismissal of the complaint has been made.
4. OP No.4 in its reply denied sale of the bottle in question to the complainant as the complainant has failed to place on record any receipt. It is also denied that the complainant contacted the answering OP regarding the issue in question. Even the complainant did not adduce any evidence by which mode he made the payment of Rs.430/- to the answering OP. Hence, there is no deficiency on the part of the answering OP. All other allegations made in the complaint has been denied being wrong.
5. Contesting parties led evidence by way of affidavits and documents.
6. We have heard the learned counsel for the contesting parties and gone through the record of the case.
7. The grievance of the complainant is that after purchase of insect infected bottle of liquor in question manufactured and sold by OPs, he was not duly compensated by the OPs.
8. On perusal of the complaint, it is observed that the complainant has failed to adduce any documentary evidence by way of any receipt and transaction with regard to purchase of liquor bottle in question.
9. This Commission had also referred the liquor bottle in question to the CFSL for further examination. The result of the report of CFSL  is as under:-

“i) On examination of the bottle under reference, the strip of excise hologram present on the cap of the bottle under reference has been found re-fixed. Hence, possibility of tampering in the excise hologram strip present on the cap of the bottle under reference cannot be ruled out.

ii) xxx xxxx xxx.

iii)On further examination, no physical signs of tampering were found on the Guala Cap present on the bottle under reference, while on heating the internal and external parts of the Guala Cap can be removed and re-fixed. Leakage of the liquid from the bottle was observed while keeping the bottle in horizontal position. Hence, possibility of tampering in the internal part of the Guala Cap of the bottle under reference cannot be ruled out.”

12. From the above report is crystal clear that tampering was done with the liquor bottle in question, hence, once it has come on record that there is tampering with the liquor bottle in question, thus, the entire case of the complainant fails, and there is no merit therein.
13. In view of the aforesaid discussion, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs.

10. Pending miscellaneous application(s), if any, also stands disposed off.
11.  Certified copies of this order be sent to the parties free of charge. The file be consigned

			Sd/- [Pawanjit Singh]
			President
			Sd/-
8/9/2023			[Suresh Kumar Sardana]
mp			Member