Kerala

Kasaragod

CC/13/255

Siddique.K.A. - Complainant(s)

Versus

The Proprietor - Opp.Party(s)

21 Jul 2014

ORDER

                                                                      Date of filing    :  04-11-2013

                                                                     Date of order   :  21-07-2014

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                             CC.255/2013

                      Dated this, the   21^st   day of   July   2014

PRESENT:

SMT.P.RAMADEVI                                         : PRESIDENT

SMT.K.G.BEENA                                          : MEMBER

SMT.SHIBA.M.SAMUEL                               : MEMBER

 

Siddique.K.A, S/o.Abdulla,                                                            : Complainant

Sulthan Mahal, Deli Valapp,

Kalanad.Po. Kasaragod Taluk.

(In Person)

 

1 The Proprietor,                                                                  : Opposite parties

    Green Valley Food and Beverages,

    Sathya Sai Vihar, Alike.Po,

    Bantwal Taluk. 574 235.

 2 Proprietor, Hotel Darbar,

    Near  Kasaragod Municipal Old Bus Stand,

    Kasaragod. 671121.

                                                                        O R D E R

SMT.K.G.BEENA, MEMBER

 

            The case of the complainant Sri.Siddique is that on 04-09-2013 complainant with his family while taking lunch from the Hotel of opposite party No.2 ‘Hotel Darbar’ near Municipal old bus stand Kasaragod, he purchased one bottle of Green Valley Purine Packaged drinking water containing 1 litre by paying Rs.18/- which was manufactured by opposite party No.1 on 13-06-2013 as per Batch No.120.  The opposite party No.1 is manufacturing packaged drinking water and being distributed in Kerala and Karnataka.  When the complainant was about to open the bottle, he found some foreign body in it.  It appears to be  the wings of a fly.  The packaged water is not at all usable for drinking purpose.  Complainant shown the foreign body to opposite party No.2, he has not even cared to see it.

2.         According to opposite party No.2, if the complainant wants he can approach opposite party No.1, opposite party No.2 is only a distributor and he cannot do anything on it.  Opposite party No.2 cannot simply plead ignorance of the product or its contents.  Therefore complainant has contacted opposite party No.1, and he promised to look into it and compensate the complainant for their fault.  Complainant caused to send a registered notice dated 25-09-2013, but opposite party has not send any reply so far.  Moreover, the opposite party No.1 company is an ISO certified company according to the label affixed on the water bottle.  Hence the complainant is alleging deficiency in service and gross negligence on the part of opposite parties.

3.         Opposite parties served notice and Adv.Fazel undertakes to appear for both opposite parties.  On 29-01-2014  Adv.K.Rajesh filed vakalath for opposite party No.2.  Name of opposite party No.1 called absent set exparte.  Opposite party No.2  represented the matter and prayed time for version till 15-05-2014.  On 15-05-2014 the counsel of opposite party No.2 reported no instruction.

4.         Complainant filed proof affidavit.  Exts A1 and A2 and MO-1 is the bottle of Green valley purine packaged drinking water containing one litre purchased by the complainant from opposite party No.1 on 04-09-2013.  A foreign body, appears to be wings of a fly can be seen at first glance inside the bottle without opening the bottle. Packaged drinking water is consumed by the public at large relying upon the ISO Mark on the bottle.  It appears that opposite parties have not taken any precaution while packing the drinking water.  It is the bounden duty of opposite party No.1 to ensure the quality of the water before packing the same a  small negligence at the time of packing may cause severe health problems to the public at large.  The packing of food items need more care and the ‘packing’ should be done after ensuring that the same is defect free.  Hence the complaint is allowed and opposite parties 1 & 2 are jointly and severally  directed to pay a compensation of Rs.10,000/- to the complainant with a cost of Rs.3000/- within 30 days from the date of receipt of copy of this order.

                                                                                                  

MEMBER                                                             MEMBER                                                             PRESIDENT

Exs.

A1.25-09-2013 copy of lawyer notice.

A2. Postal acknowledgement card.

MO-1 Bottle of Green Valley Purine Packaged drinking water containing 1 litre.

 

                                                                                                                                               

 

MEMBER                                                             MEMBER                                                             PRESIDENT

Pj/