Tamil Nadu

South Chennai

CC/591/2006

P.S.Saravanan - Complainant(s)

Versus

Shiva Distilleries Ltd., - Opp.Party(s)

Y.Mohamed Ghouse

05 Jan 2018

ORDER

                                                                        Date of Filing :   24.11.2006

                                                                        Date of Order :   05.01.2018

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

 

C.C.NO.591/2006

FRIDAY THIS 5^th DAY OF JANUARY 2018

P.S. Saravanan,

Old No.58, New No.6,

Subramanian Street,

West Mambalam,

Chennai 600 033.                                             .. Complainant

 

                                        ..Vs..

1.  The General Manager,

M/s. Shaw Wallace Co Ltd.,

International Business Division,

4^th Floor, Tolstoy House,

15-17, Tolstoy Marg,

New Delhi 110 001.

 

2. The General Manager,

Shiva Distilleries Ltd.,

No.1/3, Venus Colony,

Second Street, Teynampet,

Chennai 600 018.

 

3. The Managing Director,

TASMAC Limited,

CMDA Tower II, IV Floor,

Gandhi Irwin Road,

Egmore, Chennai 600 008.                           .. Opposite parties.

 

Counsel for Complainant         :    M/s. Y. Mohamed Ghouse & another       

Counsel for opposite party-1   :    exparte

Counsel for opposite party-2    :    M/s. Sarvabhaman Associates & others

Counsel for opposite party-3    :    M/s. J. Ravidran

 

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.10,00,000/- towards compensation for mental agony and Rs.371/- towards cost of the liquor and Rs.10,000/- as cost of the complaint.

1. The averment of the complaint in brief are as follows:

         The complainant submit that the 1^st and 2^nd opposite parties are manufacturers, blenders and bottlers of Indian Made Foreign Liquor.  On 21.8.2006 the complainant purchased the following items from the TASMAC shop, at Station Road, West Mambalam, Chennai vide their bill No.078397.

1. BP (Bag Piper) Whisky                    379 ml Bottle Rs.131.00
2. DSP (Director’s Special Black Whisky 180 ml        Rs. 80.00
3. Monitor Brandy                               180 ml        Rs.53.00
4. MC Dowel Brandy                            180 ml        Rs.63.00

Out of the above items purchased from the TASMAC shop, he noticed that the DSP Directors Special Black Whisky contained two insects and he did not open the bottle and the seal of the bottle was intact.   Further the complainant state that because of wrong manufacture, blending, bottling and marketing of the contaminated inferior quality liquor by the opposite parties, complainant sustained mental agony. Accordingly the complainant issued a legal notice to all the opposite parties demanding to pay a compensation of Rs.10,00,000/-.   As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.     Inspite of service of notice the  1^st opposite party is called absent and set exparte.

3.    The brief averments in the Written Version filed by the  2^nd opposite party is   as follows:

      The  2^nd opposite party deny each and every allegations except those that are specifically admitted herein.  The 2^nd opposite party submit that this opposite party is a manufacturer of Indian made foreign liquor.  This opposite party has been manufacturing liquor under the supervision of technically qualified persons of the 1^st opposite party.    The liquor manufactured by the opposite party is a branded variety and it can be bottled only under the strict supervision of the State Excise officials.    Likewise the blending is also done under their supervision and immediately after blending is completed the State Excise Department will retain the keys.   The liquor will always be under the custody of the excise officials.   Hence there is no deficiency in service on the part of the opposite party  and the complaint is liable to be dismissed.

4.    The brief averments in the Written Version filed by the 3^rd  opposite party is   as follows:

The  3^rd opposite party deny each and every allegations except those that are specifically admitted herein.    The 3^rd opposite party submit that  the stocks transferred to Tasmac Shops are supplied by various manufacturing units after obtaining certificate from the Forensic Lab certifying that the stock is fit for sale.   Further the same bears trade mark of the suppliers and are bottled in  a scientific manner with utmost care with  no scope for negligence of any type.  They also contended that the bottle was neither shown nor the presence of insects in the liquor bottle was informed to their shop supervisor, Depot manager or District Manager along with purchase bill.  Hence there is no deficiency in service on the part of the opposite party  and the complaint is liable to be dismissed.

5.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A5 marked.  Proof affidavit of opposite parties filed and Ex.B1 to Ex.B12 marked on the side of the  opposite parties and also Ex.C1 marked.

6.   The points for the consideration is: 

Whether the complainant is entitled to a sum of Rs.10,00,000/- towards mental agony and hardship and also to pay a sum of Rs.371/- towards the cost of the liquor with cost of Rs.10,000/- as prayed for?  

 

7.  ON POINT:

 

         Written arguments of both complainant and opposite party-3 not filed.  The complainant and opposite party-3 & their counsel has not tuned up to advance any oral arguments for long time.   Hence the arguments of complainant and opposite party-3 closed.  Heard the 2^nd opposite party counsel.    Perused the records (viz.) complaint, written version, documents and proof affidavits etc.   The complainant pleaded and contended that the 1^st and 2^nd opposite parties are the manufacturers, blenders and bottlers of Indian Made Foreign Liquor.  On 21.8.2006 the complainant purchased the following items from the TASMAC shop, at Station Road, West Mambalam, Chennai vide their bill No.078397.

5. BP (Bag Piper) Whisky                    379 ml Bottle Rs.131.00
6. DSP (Director’s Special Black Whisky 180 ml        Rs. 80.00
7. Monitor Brandy                               180 ml        Rs.53.00
8. MC Dowel Brandy                            180 ml        Rs.63.00

Out of the above items purchased from the TASMAC shop, he noticed that the DSP Directors Special Black Whisky contained two insects and he did not open the bottle and the seal of the bottle was intact.   Further the complainant contended that because of the wrong manufacture, blending, bottling and marketing of the contaminated inferior quality liquor by the opposite parties he had to suffer great hardship and mental agony.  Hence this complaint is filed by the complainant and sent the Brandy bottle for Chemical Analysis, Entomology Research  Institute, Layola  College, Chennai through this Forum.  After due chemical analysis due report Ex.C1 issued by Entomology Research Institute, Loyala College,  Chennai stating that the housefly is an eternal of harmful pathogens like endamoeba histolytica, Eberthella typhosa, Bacillus spp and Vibrio comma, which are responsible for the diseases like amoebic dysentery, typhoid fever, bacillary dysentery and cholera.  The small fly is harmless” proves that the sample contain foreign bodies including house fly.    The complainant  is claiming a sum of Rs.10,00,000/- towards compensation for mental agony.  But the complainant has not proved the alleged mental agony in such a manner known to law to claim such huge compensation.

8.     The contention of the opposite parties is that they are doing whole sale and retail business on behalf of Government.   The stocks transferred to Tasmac Shops are supplied by various  manufacturing units after obtaining certificate from the Forensic Lab certifying that the stock is fit for sale.   Further the opposite party contended that the same bears trade mark of the suppliers and are bottled in a scientific manner with utmost care with no scope for negligence of any type.  The opposite parties contended that the complainant has failed to establish that the lid of the bottle was not opened by him and was intact as packed by the factory and failed to produce any evidence that the complainant was suffering from any disorder or injury to health due to the consumption of the liquor.   But the bottle was sent to the entomology Department through this Forum.  Further the opposite parties denies all the allegations in the complaint including bottling , the  alleged insects and the quality of liquor as inferior.   To substantiate the said contention the opposite parties has not produced  sufficient records.   Equally the opposite parties are bound to prove that there can be no carelessness or negligence while bottling, blending and sealing the bottle the stringent statutory procedure.   In this case the opposite parties has not proved in such manner.   Further the contention of the opposite parties is that the report of the Entomology Research Institute, Layola College, Chennai is not acceptable; because it was not authorized by the Government.   But on a careful perusal of the report issued by the Entomology Research Institute, Layola College, Chennai show that there are  foreign bodies including house fly inside the brandy bottle which is sold for consumption.   Further the  contention of the opposite parties is that the compensation claimed by the complainant  is very high, exorbitant and imaginary. Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties 1 to 3 are jointly and severally liable to pay a sum of Rs.327/- towards the cost of the liquor and shall pay a compensation of Rs.20,000/- towards mental agony with cost of Rs.5000/- and the point is answered accordingly.

In the result the complaint is allowed in part.  The  opposite parties 1 to 3 are jointly and severally liable to pay a sum of Rs.327/- (Rupees three hundred and twenty seven only) towards cost of the liquor and shall pay compensation of Rs.20,000/- (Rupees twenty thousand only) towards mental agony with cost of Rs.5,000/-  (Rupees Five thousand only) to the complainant.    

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  5^th      day  of  January  2018.  

 

MEMBER-I                                                                      PRESIDENT.

 

Complainant’s side documents:

Ex.A1-               - Copy of Cash bill.

Ex.A2- 31.8.2006  - Copy of Notice 

Ex.A3-                - Copy of Ack. 

Ex.A4- 9.9.2006    - Copy of reply notice.

Ex.A5- 9.9.2006    - Copy of reply notice.

Opposite parties’ side document: -   

Ex.B1- 17.4.2006  - Copy of Analysis report.

Ex.B2-                - Copy of sample label of DSP Black Deluxe Whisky.

Ex.B3-         -        - Copy of procedure adopted for washing and sealing of IMFS

Ex.B4- 22.9.2005  - Copy of Tax invoice.

Ex.B6- 23.5.2006  - Copy of Pictures of washing of Empty

Ex.B7-               - Copy of pictures of empty bottles

Ex.B8-               - Copy of pictures of empty bottles.

Ex.B9-         -        - Copy of pictures of filled bottles bright light for floating

                               Impurities.

Ex.B10- 17.8.2006         - Copy of invoice.

Ex.B11-              - Copy of receipt.

Ex.B12-       -        - Copy of receipt.

 

Ex.C1- 14.9.2007         - Copy of lab report by Entomology Research Institute.

 

 

 

MEMBER-I                                                                       PRESIDENT.