Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 326.
Instituted on : 19.07.2018.
Decided on : 19.11.2019.
Sonu Dhaka son of Shri Dharampal, resident of Ward no.13, Meham, District Rohtak.
………..Complainant.
Vs.
- Pepsi Cold Drink Company G.T. Road, N.H.-1 Near Refinery Panipat.
- Proprietor Vipin Cold Drinks Singhwa Khas, Distt. Hisar.
- M/s Ram Parkash & Company, 172/23 DLF Colony, Rohtak through its Proprietor.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: MS. TRIPTI PANNU, MEMBER
DR. RENU CHAUDHARY, MEMBER.
Present: Complainant in person.
Opposite parties exparte.
ORDER
MS. TRIPTI PANNU, MEMBER:
1. Brief facts of the case are that on 12.5.2018, the complainant had purchased various cold drinks in packed condition from opposite party No.2. The complainant was shocked to see that there were dust particles in the cold drink of Mountain Dew. On the next day, the complainant contacted with the concerned cold drink distributor i.e. OP no.2 and complained about the above said bottle, which was delivered to him. The concerned distributor told that it was not his fault as the sealed bottles were supplied to them by the company and they did not inspect each bottle before delivery. The complainant also informed the officials of OP No.1, who alongwith officials of OP no.3 also visited on the spot, but even after that no satisfactory reply was given to the complainant and they said that in routine, some particles will be dissolved in cold drinks. The OPs have not cared for health of general public and they have packed some unhygienic substance in the bottle at the time of packing of the same. If the complainant consumed the same, then it will become harmful to his health. This is clear quite deficiency in service on the part of the respondents. The complainant has served a legal notice to the respondents through his counsel, but they have not pay any heed towards the request of complainant nor replied the legal notice. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay an amount of Rs.15 Lacs as compensation on account of causing mental agony & harassment and also to pay an amount of Rs.11,000/- as litigation expenses as explained in relief clause to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Notice sent to opposite party No.1 & 3 received back with the report of refusal and notice sent to opposite party No.2 through registered post did not receive back either served or unserved and opposite party No.1 to 3 failed to appear before the Forum. As such, opposite party No.1 & 3 vide order dated 15.1.2019 and opposite party No.2 vide order dated 10.7.2019 of this Forum were proceeded against exparte respectively.
3. Complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C4 and has closed his evidence on dated 4.10.2019.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that as per copy bill Ex.C1, complainant had purchased the bottles of cold drinks on 12.5.2018 for Rs.690/- and as per photographs Ex.C4, there seems to be dust particles in the alleged cold drink of Mountain Dew. But despite the repeated requests and legal notice of the complainant, no action was taken by the respondents. It is also on record that opposite parties did not appear despite service and as such it is presumed that opposite parties have nothing to say in the matter and all the allegations leveled by the complainant against the opposite parties regarding selling of unhygienic bottle stands proved. Hence the complainant is entitled for refund of price of cold drink alongwith compensation.
6. In view of the facts and circumstances of the case, we hereby allow the complaint with direction to the opposite party No.1 i.e. manufacturer to refund the price of cold drinks amounting to Rs.690/-(Rupees six hundred ninety only) and shall also pay a sum of Rs.2000/-(Rupees two thousand only) as compensation on account of deficiency in service and Rs.2000/-(Rupees two thousand only) as litigation expenses to the complainant within one month from the date of decision failing which, opposite party No.1 shall be liable to pay interest @ 9% p.a. from the decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
19.11.2019.
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Tripti Pannu, Member.
……………………………….
Renu Chaudhary, Member.
