Punjab

StateCommission

FA/380/2014

Gaurav Batta - Complainant(s)

Versus

Pepsico India Holding Pvt. Ltd. & others - Opp.Party(s)

Ferry Sofat & Amrita Singh

17 Jun 2016

ORDER

                                                               FIRST ADDITIONAL BENCH

 

STATE  CONSUMER  DISPUTES  REDRESSAL COMMISSION,   PUNJAB

          SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

                                     

                   First Appeal No.380 of 2014

 

                                                          Date of Institution: 04.04.2014        

                                                          Date of Decision:  17.06.2016

 

Gaurav Batta s/o Late Vipin Batta R/o B-4-1475, Chowk Mishran Daresi Road, Ludhiana.

                                                                          Appellant/Complainant           

            Versus

 

1.      Pepsi Co.India Holding Pvt. Ltd. C/o Western Logistic, R/o       Village Kadian Near Gold Souk Grande, G.T Road, Ludhiana.

2.      Chopra Book Depot, Deresi Road, Opposite P.S.E.B.     Ludhiana.

3.      Pepsi Co. India, 3B, DLF Corporate Park, 'S' Block          Qutab         Enclave, Phase-III, Gurgoan 122002 Haryana.

 

                                                               Respondents/Opposite parties

 

                                                         

First Appeal against order dated 18.02.2014 passed by the District Consumer Disputes Redressal Forum,  Ludhiana

Quorum:-

          Shri J. S. Klar, Presiding Judicial Member.

            Shri.J.S Gill, Member

            Shri. H.S Guram, Member

Present:-

          For the appellant                              : None.    

          For the respondents no.1&2          : Ex-parte.

          For the respondent no.3.        : Sh.Manvender Rathee,   Advocate

          . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

         J.S KLAR, PRESIDING JUDICIAL MEMBER :-

         

          The appellant of this appeal has filed this appeal for enhancement of compensation against order of District Consumer Disputes Redressal Forum, Ludhiana dated 18.02.2014, vide which the District Forum awarded the refund of the amount of Rs.10/- only to complainant, besides Rs.5,000/- as compensation for mental harassment and costs of litigation. The complainant now appellant has preferred this appeal against the same. The respondents of this appeal are OPs in the complaint and they be referred as such hereinafter for the sake of convenience. 

2.      The complainant has filed the complaint U/s 12 of the Consumer Protection Act, 1986 (in short, "the Act") against the OPs on the averments that OP no.1 is manufacturer/supplier of Pepsico India Company of the cold drinks under the name and style of Pepsico India and OP no.2 is a shopkeeper, who used to sell the goods/cold drinks to general public and OP no.3 is company. The complainant purchased Bottle of Pepsi Company namely Nimbooz, vide bill no.88 dated 13.06.2013 for consumption and paid cash price to OP no.2. After purchase of the bottle, it transpired that there was fungus/piece of snail in the bottle. It was visible from outside as the bottle was transparent. OPs no.1 and 3 were bound to supply a healthy/safe products for consumption to general public and one product namely Nimbooz, was being supplied by them in the market for consumption of general public. It was mandatory duty of the OPs to see that product should be fit for human consumption, but OPs failed to do the same. The complainant also served legal notice upon OPs, but of no use. The complainant has, thus, filed complaint directing the OPs to refund the amount, which he paid at the time of purchase of bottle, besides Rs.15,00,000/- as compensation for mental harassment and Rs.11,000/- as costs of litigation.

3.      OPs were set exparte before District Forum, vide order dated 18.02.2014.

4.      The complainant tendered in exparte evidence, his affidavit Ex.C-A along with copies of documents Ex.C-1 to Ex.C-8. On conclusion of evidence and arguments, the District Forum Ludhiana accepted the complaint of the complainant by virtue of order dated 18.02.2014. Dissatisfied with the order of the District Forum Ludhiana dated 18.02.2014, the complainant now present appellant, carried this appeal against the same.

5.      We have heard submissions of counsel for respondent no.3 and as none appeared for appellant on many dates since after 01.04.2015. We have no option but to decide the case on the basis of evidence on the record. It has been submitted in grounds of appeal by the appeal that he purchased a bottle of Pepsi Company namely Nimbooz, against bill no.88 dated 13.06.2013 for consumption against cash price from respondent no.2. He found fungus/piece of snail in the bottle, which were visible even from the outside. We have to test the submission of counsel for the appellant raised in the grounds of appeal with the aid of evidence on the record. Affidavit of complainant is Ex.C-A on the record in support of his averments. He purchased the Pepsi Nimbooz, vide bill Ex.C-1 dated 13.06.2013, the copy of bill no.88 for Rs.10/- issued by OP no.2 of Nimbooz Pepsi. He further stated that bottle of Pepsi purchased by him was contaminated and was not fit for consumption. Ex.C-3 is photograph of the same. Ex.C-3 is legal notice and its postal receipts are Ex.C-4 to Ex.C-7 on the record. Ex.C-8 is report of Food Analyst, Punjab Chandigarh. The report of Food Analyst Punjab Chandigarh has proved that contents of sample marked as P-141-Nov 13 contained jaala like substance and they were unsafe for human consumption. No rebuttal evidence was led against it by OPs, as OPs were set exparte before District Forum.

6.      The complainant filed application for laboratory test of the bottle Nimbooz (Pepsi) containing contaminated substance before District Forum on 15.11.2013, which was packed and sealed and sent it to Public Analyst's Laboratory Punjab Chandigarh  at the expenses of the complainant. The District Forum sent it to Public Analyst to find out, if there was any fungus/piece of snail or any other contaminated substance in it. The report of Public Analyst Punjab was received, which is Ex.C-8 on the record. It has proved that contents were contaminated. The District Forum awarded meagr amount of Rs.5000/-only, as compensation to the complainant. We, thus, accept the appeal and order that OPs shall deposit amount of Rs.15,000/- with Consumer Legal Aid of District Forum, Ludhiana in addition, further Rs.5000/- extra shall be paid to the complainant, as additional compensation for mental harassment and litigation expenses and District Forum Ludhiana shall ensure the deposit of the amount in the Consumer Legal Aid Fund maintained under its supervision and submit his report to this Commission.

7.      Arguments in this appeal were heard on 15.06.2016 and the order was reserved. Copies of the order be communicated to the parties as per rules.

8.      The appeal could not be decided within the statutory period due to heavy pendency of court cases.

 

                                                                           (J. S. KLAR)

                                                          PRESIDING JUDICIAL MEMBER

                                                                            

                                                                              (J.S GILL)

                                                                               MEMBER

 

                                                                             (H.S.GURAM)

                                                                               MEMBER

 

June 17,  2016                                                           

(ravi)