Tamil Nadu

South Chennai

CC/438/2007

S.Chella Pandian - Complainant(s)

Versus

Tamil Nadu State Marketing Corporation Ltd., - Opp.Party(s)

M.Christella

07 Dec 2017

ORDER

                                                                        Date of Filing :   17.10.2007

                                                                        Date of Order :   07.12.2017

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

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.438/2007

THURSDAY THIS 7^th DAY OF DECEMBER 2017

S. Chella Pandian,

55, V.O.C. Street,

M.G.R. Nagar,

Chennai 600 078.                                                             Complainant

 

                                       Vs

 

1. Tamil Nadu State Marketing

Corporation Ltd.,

Rep. by its General Manager,

CMDA Building, Egmore,

Chennai 600 008.

 

2. Midas Golden Distilleries (Pvt) Ltd.,

Rep. by its General Manager,

Sirukathur Village,

Paddappai,

Pushpagiri Road,

Sriperumbudur Taluk,

Kanchipuram District 601 301.                    Opposite parties

 

Counsel for Complainant           :    M/s. M.Christella Sheltan D.Durairaj          

Counsel for opposite party-1     :    M/s. J. Ravindran  & another

Counsel for opposite party-2    :     M/s. S.Kalyanaraman & another    

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.4,00,000/- towards mental agony and hardship and also to pay a sum of Rs.50,000/- towards supply of adulterated and spurious goods and to pay cost of the complaint.

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

         The complainant submit that  on 8.10.2007 he and his friend Mr. Sabu went to TASMAC shop No.913, and purchased a 180 ml Old Admiral VSOP Brandy bottle.    Immediately he felt the unusual burning  sensation in the stomach and started vomiting profusely and felt heavy guiddiness.  Hence he went to the shop and purchased another 180 ml Old Admiral VSOP Brandy bottle for a value of Rs.63/- by cash vide bill No.570433, batch No.208/27 and manufacturing dated Sep.07/L3.   The said Brandy bottle was manufactured and supplied by the 2^nd opposite party to 1^st opposite party.   Further the complainant state that he was shocked to see a fly and several foreign bodies inside the bottle.   The seal of the bottle is intact.    Further the complainant state that on seeing a fly and foreign bodies he felt very bad and not able to sleep the whole night and had some discomfort resulting mental agony.     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.    The brief averments in the Written Version filed by the  1^st opposite party is  as follows:

      The  1^st  opposite party deny each and every allegations except those that are specifically admitted herein.    The 1^st opposite party state that the liquor “Old Admiral VSOP Brandy – 180 ml sold in the TASMAC shop was produced, bottled and marketed by M/s. Midas Golden Distilleries Pvt. Ltd with its labels and seals affixed.  TASMAC is doing wholesale and retail business of IMFS/Beer on behalf of Government.    It is not a marketing agency of any IMFS/Beer manufacturing units.  The stock transferred to TASMAC shops for sale, are being supplied by various manufacturing units after obtaining a Lab certificate from the Forensic Lab (Government Department ) certifying that the stock is fit for sale.     The  1^st opposite party submit that it is the duty of the complainant to inform the presence of foreign material (a fly) in the bottle to the Shop Supervisor, Depot Manager and District Manager of TASMAC.   Since the bottle was not shown to the above officials along with the bills for the purchase this contention has to be rejected.   The opposite party submit that  the complainant has not let in any expert evidence to establish that the entire goods manufactured on Sep/L3 batch is bound to be spurious and unfit for human consumption.   There is no evidence for suffering from any disorder or injury to the health due to consumption.    No complaint has been received from any consumer neither on the quality of the liquor nor any foreign material found inside any other bottles of same batch of production.    Hence there is no deficiency in service on the part of the 1^st opposite party and the complaint is liable to be dismissed.

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  after thorough checked alone they dispatched the Brandy Bottle to the 1^st opposite party and after ensuring the batch number and quality requirements etc.   The allegation of purchase of polluted  Brandy bottle having dead fly and foreign bodies from the shop could not be true.  Further the 2^nd  opposite party state that the report of the Forensic Science Department  relating to the said batch found that the said batch confirmed to the quality requirements.   Further the opposite party state that the seal put on the bottle at the factory might have been tampered in order to file the case.     Further the opposite party state that several newspaper reports suggested that the seals of the bottles dispatched from the factory to the 1^st opposite party are tampered with and the contents are emptied and the bottles are filled up with spurious stuff  and sealed with bogus seal and several newspapers reports.     Further the opposite party state that the entire batch of brandy bottles are defective is not acceptable; because only after thorough check up of the product through  quality control measures and after obtaining the clearance the batch will be dispatched. Hence there is no deficiency in service on the part of the  2^nd opposite party and the complaint is liable to be dismissed.

4.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and document Ex.A1 marked.  Proof affidavit of opposite parties filed and Ex.B1 to Ex.B4 marked on the side of the  opposite parties and also Ex.C1 marked.

 

5.   The points for the consideration is: 

Whether the complainant is entitled to a sum of Rs.4,00,000/- towards mental agony and hardship and also to pay a sum of Rs.50,000/- towards supply of adulterated and spurious goods unfit for human consumption with cost as prayed for?

 

 

6.  ON POINT :

         Both parties filed their respective written arguments.  Both parties has not turned up to advance any oral argument.  Perused the records (viz) complaint, written version, documents and proof affidavit etc. The complainant pleaded and contended that on 8.10.2007 he and his friend Mr. Sabu went to TASMAC shop No.913, and purchased a 180 ml Old Admiral VSOP Brandy bottle and consumed.   Immediately the complaint felt unusual burning  sensation in the stomach and started vomiting profusely and felt heavy guiddiness.  Hence he went to the shop and purchased another 180 ml Old Admiral VSOP Brandy bottle for a value of Rs.63- by cash vide bill No.570433, batch No.208/27 and manufacturing dated Sep.07/L3 as per Ex.A1.   The said Brandy bottle was manufactured and supplied by the 2^nd opposite party to 1^st opposite party.     Further the complainant contended that he was shocked and surprised to see that a fly and several foreign bodies inside the bottle.   The seal of the bottle is intact.    Further the contention of the complainant is that on seeing a fly and foreign bodies he felt very bad and not able to sleep the whole night and had some discomfort resulting mental agony.  Hence this complaint is filed this case and sent the Brandy bottle for Chemical Analysis, Entomology Research  Institute, Loyala College, Chennai.  After due chemical analysis due report Ex.C1 issued by Entomology Research Institute, Loyala College, Chennai stating  that “there was no growth of E.coli Salmonella sp., Shigella sp. And Vibrio cholerae in the above tested sample.  Inference:  Disease causing pathogens were not carried by the housefly which was found in the brandy bottle”  proves that the sample contain foreign  bodies  including house fly.    The complainant is claiming a sum of Rs.4,00,000/- towards compensation for mental agony and Rs.50,000/- towards compensation for supply of the adulterated and spurious goods.  But the complainant has not proved the alleged mental agony in such a manner known to law to claim such huge compensation.

7.     The contention of the opposite parties is that the 2^nd opposite party after through check alone dispatched the Brandy Bottles to the 1^st opposite party and after ensuring the batch number and quality requirements etc.  The allegation of purchase of polluted  Brandy bottle having dead fly and foreign bodies from the shop could not be true.   But the complainant clearly stated that from which shop the bottle was  purchased and due bill also produced and the TASMAC shop also added as a party in this case.   Further the contention of the opposite parties is that the report of the Forensic Science Department Ex.B1 relating to the said batch found that the said batch confirmed to the quality requirements.   Further the contention of the opposite parties  is that the seal put on the bottle at the factory might have been tampered in order to file the case.   But the opposite party has not taken any steps to prove such allegation of fraud seal.  Further the contention of the opposite party is that several newspaper reports stated that the seals of the bottles dispatched from the factory to the 1^st opposite party are tampered with and the contents are emptied and the bottles are filled up with spurious stuff  and sealed with bogus seal and several newspapers reports were marked as Ex.B2.    But on a careful perusal of Ex.B2 there is no such newspapers report produced in this forum.   Further the contention of the opposite party is that the entire batch of brandy bottles are defective is not acceptable; because only after thorough check up of the product through quality control measures and after obtaining the clearance of the batch number  will be dispatched and as per  Ex.B1 such dispatch is very clear.  But on a careful perusal of ExB1 there is no such quality control measures report filed.  Further the contention of the opposite parties is that the report of the Entomology Research Institute, Loyala College, Chennai  is not acceptable; because it was not authorized by the Government.   But on a careful perusal of the report issued and the lab maintained by the Entomology Research Institute,  Loyala College, Chennai  furnished the report in details shows 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 exorbitant and imaginary.  The complainant is not entitled to any compensation towards the supply of the adulterated and spurious goods is not acceptable. Considering the facts and circumstances of the case this forum is of the considered view that the opposite parties 1 and 2 are jointly and severally liable to pay a sum of Rs.63/- towards the cost of the Brandy bottle and shall pay a compensation of Rs.20,000/- towards mental agony with cost of Rs.5,000/-   and the point is answered accordingly.

In the result the complaint is allowed in part.  The opposite parties 1 and 2 are jointly and severally liable to pay a sum of Rs.63/- (Rupees Sixty three only) towards the cost of the Brandy bottle 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 7^th day  of  December  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1-  8.10.2007 - Copy of Bill for Rs.63/-  

Opposite parties’ side document: -     

Ex.B1- 5.10. 2007 - Copy of product details.

Ex.B2- 5.10.2007  - Copy of newspaper report.

Ex.B3- 5.10.2007  - Copy of Transport permit

Ex.B4               - Copy of report by Entomology Research Institute, Chennai.

Ex.C1- 19.4.2008         - Lab report by Entomology Research Institute, Chennai.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.