By Sri. K. Gheevarghese, President:

The complaint filed against the Opposite Party selling bottle of beer containing filthy materials.

2. The complaint in brief is as follows:- The Complainant is the purchaser of one bottle of beer and Hockwat rum giving Rs.611/-. The packed and covered bottles were examined after reaching home and it was seen that the beer purchased by the Complainant containing filthy materials and it was not in usable condition. The Complainant took the bottle of beer to the sale outlet of Beverages Corporation and requested them to substitute the beer bottle with fresh and new one whereas the 1^st Opposite Party was not ready to replace the bottle with fresh and usable bottle of beer instead the Complainant was insulted among the public who were present there.

3. The sale of contaminated beer is an unfair trade practice. There may be an order directing the Opposite Party to compensate the Complainant with 50,000/- along with cost of Rs.500/-

4. The Opposite Parties filed version. The sum up of the version filed by the 1^st Opposite Party is as follows:- The allegation of the Complainant that he purchased beer and rum of Rs.611/- cannot be considered unless the bill issued by this Opposite Party is produced for verification. The 1^st Opposite Party believes that the bill claimed by the Complainant may be a forged one it is not accustomed to the 1^st Opposite Party to sell the covered beer and rum bottle to the purchaser. The purchaser can verify the purchased materials at the counter itself if any dispute is there in the materials supplied by this Opposite Party. The purchaser can disclose it at the counter itself and this Opposite Party does not sell the old and in usable materials apart from that the allegation of the Complainant that the Complainant was insulted among the public and demanded for the replacement of the beer bottle with fresh and usable one is nothing but a false allegation. The Complainant is not entitled to get any cost and compensation. More over the products purchased by the Complainant is manufactured by an another company they are to be supplemented as an Opposite party. The Complainant itself is not maintainable for the reason of non jointer of necessary parties the complaint is to be dismissed with cost.

5. Points that are to be decided.

1. Is there any unfair trade practice on the part of the Opposite Parties?

2. Relief and cost.

6. Points No.1 and 2: The evidence in this case consists of the proof affidavit of the Complainant and 1^st Opposite Party. Ext.A1 and MO1 are marked. The oral testimony of the Complainant and 1^st Opposite Party are also rendered in this case.

7. The dispute in issue is in respect of the sale of beer to the Complainant. Ext.A1 is the bill issued to the Complainant numbered 12003 by KSBC it consists of an amount of Rs.610/-. The Complainant is examined as PW1 the 1^st Opposite Party is also examined as OPW1. The 1^st Opposite Party admitted the sale of MO1 a bottle of beer manufactured by the 2^nd Opposite Party. The beer consists of the foreign particles which appeared to be impurity on visual examination. According to the 1^st Opposite party they were ready to substitute the contaminated bottle of beer if demanded by the purchaser how ever the sale of the beer is by the 1^st Opposite Party. The 2^nd Opposite Party is the manufacturer. The contention of the 1^st Opposite Party that the contaminated bottle of beer is manufactured by the supplemented Opposite Party No.2 and they were to be absolved from any liability. The sale of contaminated bottle of beer to the consumer is an unfair trade practice. The sale of the MO1 which is not usable by the purchaser is an unfair trade practice which warrants cost and compensation. The supplemented Opposite Party No.2 is the manufacturer who is also responsible for the sale of beer which is not in an usable condition.

In the result, the complaint is partly allowed. The 1^st Opposite Party is directed to refund the Complainant Rs.60/- (Rupees Sixty only) the cost of the contaminated beer to the Complainant. The Complainant is also entitle to get Rs.2,000/- (Rupees Two thousand only) towards cost and compensation. The 1^st and 2^nd Opposite Parties are jointly and severally liable to pay the amount to the Complainant within one month from the date of receipt of this order.

Pronounced in open Forum on this the day of 29^th day of March 2012.

Date of filing:25.04.2011.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

A P P E N D I X

Witness for the Complainant:

PW1. Titus Complainant.

Witness for the Opposite Parties:

OPW1. Girish Babu.M.R. Kerala State Beverages Corporation Shop in charge.

Exhibit for the Complainant:

A1. Invoice. dt:16.04.2011.

MO1. Beer Bottle

Exhibit for the Opposite Parties:

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