Filed On: 27.08.2006
Disposed On: 26.03.2015
BEFORE THE DISTRICT CONSUMER DISPUTERS REDRESSAL FORUM TIRUVANNAMALAI DISTRICT AT TIRUVANNAMALAI
PRESENT: THIRU.P.RAMALINGAM B.A. B.L. PRESIDENT
TMT.R.BANUMATHI M.A. LLB. MEMBER-I
THIRU.M.UYIRROLLI KANNAN B.B.A. M.A. MEMBER-II
C.C.10/2007
THURS DAY 26th MARCH - 2015
1.T.M.Chandran S/O Mannu Mudaliar
2.Velmurugan S/O T.M.Chandran
Both are residing at Thillar Village
Development Office & Post
Vandavasi Taluk. … Complainants
.. Vs ..
1.P.Selvam S/o
Amman Koil Street Ponnur Village & Post
Vandavasi Taluk
2. The Manager Hindustan Coca. Cola
Beverages Private Limited
Nemam Post Tiruvallur District. ... Opposite Parties
Date of Complaint : 22.08.2006
Counsel for Complainnant : Sri.V.G.Ravichandran
For Opposite Party 1 & 2 : Set Exparte
O R D E R
Pronounced by Tmt.R.Banumathi Member-I District Consumer Disputes Redressal Forum Tiruvannamalai.
The Complaint is filed U/S 12(1) of the consumer protection Act for directing the opposite parties to take back the 200 Ml bottle containing cento monaled fanta cool drinks supplied by them to the complainants and replace the same with Good one at free of cost.
The brief facts of the case of the Complaint are as follows:
1. The Complainants are father and son they are running a cool drinks retail shop and general merchant shop at Desur Road at Thellar Village and alleged that they entirely depending the income from the above said retail shop. The 1st Opposite Party is the supplier of the cool drinks namely fanta etc. Manufactured by the second Opposite Party. While so on 05.06.2006 the Complainants purchased the above said variety of the cool drinks of the second opposite party manufactured through the 1st opposite party worth of Rs. 1486.00 for which receipt has been issued by the 1st opposite party while so one of the customer of the complainant namely K.Shakthi found out the heap of dust and warms in a solid state like a ball floating in the cool drinks. When this foreign body was founded in the presence of the above said customer and other customers who were present at the time they were scolded the Complainants in filthy language in that impact the Complainants images were completely damaged and his cool drinks business were completely spoiled and thereby get total loss not only to the particulars day but it is continuing till today.
2. The Complainants said that it is entirely caused due to the negligence and deficiency in the service of the opposite parties. By which that the Complainants were lost their business and reputation in their locality. For which the opposite parties are jointly and severely responsible to compensate the Complainants for the total loss of business reputation and also for Mental agony. In spite of repeated representations to the opposite parties for the alleged incident the complainants did not yield any fruitful result. The Complainants sent notice to the opposite parties on 17.07.2006 and it is seemed that the both the opposite parties were evaded to receive the notice. The office copy of the notice dated 17.07.2006 and postal cover of the 1st opposite party and the receipt dated 05.06.2006 issued by the 1st opposite party were filed along with this Complaint.
3. In spite of notices sent to the opposite parties they did not appear before this forum. Therefore paper publication had been effected. But the Opposite Parties neither appeared before this forum and nor filed any written version. Hence the opposite parties called absent and set exparte. Proof affidavit has been filed by the Complainant and Ex.A1 to Ex.A5 were marked.
4. Now the Points that arise for consideration are as follows.
1. Whether there is any deficiency in the service on the part of the
Opposite Parties
2. If so what relief that the Complainants are entitle to
5. Point No.1 On perusal of the contents of the complaint evidence and the documents filed on the side of the complainant it is very clear that the complainant is running a cool drinks retail shop. It is also very clear that the complainant purchased a Fanta 200 ml from the 1st opposite party. It is no doubt that the above product was manufactured by the 2nd opposite party. It is not in dispute that the Opposite parties evaded to receive the notice and in spite of notice sent through the forum to the opposite parties and in spite of paper publication that the opposite parties did not turn up to this forum. However that the opposite parties have not appeared before this forum to submit their evidence to disprove the allegation. The attitude of the opposite parties will constitute the deficiency in service defined U/S 12 of Consumer Protection Act. Considering the facts and circumstances stated above the Forum has come to a conclusion that the complainant is entitled for the relief sought for in the complaint.
6. Point No. 2: In the result the Complaint is allowed. The opposite Parties 1 & 2 are directed to pay a sum of Rs. 10000/- (Rupees Ten Thousand Only) jointly & severely towards compensation for the deficiency in service caused to the Complainants and also to pay sum of Rs.2000/- (Rupees two thousand only) towards the cost of proceedings to the Complainants.
The above amount shall be payable within one month from the date of receipt of copy of this order failing which the amount shall carry interest at the rate of 9% per annum till the date of payment.
Dictated by the Member-I directly to the Steno-Typist transcribed and computerized by her corrected by the Member-1 and pronounced by us in the open Forum on this the 26th day of March 2015.
MEMBER-I MEMBER-II PRESIDENT
List of Complainants Documents:
EX.A1 – Date. 17.07.2006 – The Office Copy of the notice issued by the
Complainants to the Opposite Parties.
Ex.A2. - The returned Postal Cover of First Opposite Party.
Ex.A3. - The Postal Acknowledgement Card of Second
Opposite Party
Ex.A4 - Date. 05.06.2006 - Receipt issued by the 1st Opposite Party to the
Complainant
Ex.A5 - Date. 11.09.2006 - Food Analysis Laboratory King Institute
Company Guindy Chennai – 32.
