Orissa

Cuttak

CC/248/2022

Laxman Ram Sahoo - Complainant(s)

Versus

Varon Beverages Ltd - Opp.Party(s)

B M Mohapatra

11 May 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.248/2022

          Laxman Ram Sahoo,

           S/O:Prasanna Sahoo,

          At:Beparisahi,P.O:Buxibazar,

          P.S:Mangalabag,Town/Dist:Cuttack.                           ... Complainant.

 

          Vrs.

 

1.       M/s. Varon Beverages Ltd.,

PEPSI Co. India,

    Jagatpur,Cuttack

 

2.       Kool  and Crisp,

Shop No.3,Buxibazar,

   Cuttack-753001

 

3.      Manager,Customer Service,

At/PO:Box-27,DLF QUTAB ENCLAVE-1,

           Gurgaon-122002,Haryana

 

4.      M/s. Varon Beverages Ltd.,

PEPSI Co. India,

Level 3-6,Pioneer Square,Sector-62,

Near Gulf Course,ExtensionRoad,Gurugram,

Gurgaon,Haryana,India-122101.                                                           ....Opp. Parties.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri SibanandaMohanty,Member.

 

Date of filing:    08.12.2022

Date of Order:  11.05.2023

 

For the complainant:                    Mr. B.M.Mohapatra,Adv. & Associates.

For the O.Ps :           None.

 

Sri Debasish Nayak,President

 

Case of the complainant as made out from the complaint petition in short is that on 17.10.2022 he had purchased four bottles of soft drinks called “Sting” of 250 ml. each by paying Rs.20/- per bottlefrom the O.P no.2.  The complainant was astonished to find a piece of steel pipe inside one of those bottles which he had purchased from O.P no.2.  But when he brought the same to the notice of O.P no.2, he refused to take back or to refund the money to him.  Thus, the complainant had approached this Commission arraying the manufacturer/stockist/dealer etc as parties to this case alongwith the shop-keeper (O.P no.2).  The complainant has claimed from the O.PsRs.20/- which is the cost of the said bottle of soft drink as purchased by him alongwith compensation towards his loss of prestige and for humiliation to the tune of Rs,.2,00,000/- and towards his mental agony a sum of Rs.1,00,000/-.  He has further prayed for the cost of his litigation to the tune of Rs.1,50,000/-.

2.       Having not contested this case, the O.Ps were set exparte vide order dt.27.1.2023.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps and if the O.Ps have practised any unfair trade?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

 

Point No.ii.

Out of the three points, point no. ii being the pertinent one is taken up first for consideration here in this case.

On perusal of the material as available in the case record, it is noticed that the complainant by virtue of his complaint petition has brought a grave allegation against all the O.Ps and  according to him, he purchased four soft drink bottles by paying a total money of Rs.80/- to O.P no.2 on 17.10.22. He found one of those soft drink bottles though sealed, had contained a piece of steel pipe within it.  The same was brought to the notice of O.P no.2 but he had not taken back the said bottle nor had he refunded the money of the complainant.  Ofcourse, the O.Ps have not preferred to contest this case for which they were set exparte. 

But the complainant has to prove this case and apprise this Commission so as to enable this Commission to arrive at a proper conclusion after knowing fully well about the grave allegation as made against all the O.Ps in this case.  In order to substantiate the same, save and except the complaint petition there is no other scrap of document available or has been filed by the complainant.  Even if there is no photograph attached alongwith the complaint petition so as to enable this Commission to conclude that if in fact one of those soft drink ‘Sting’ bottles had any steel pipe within it in a sealed condition.  This Commission, thus having no other way out arrives at an irresistible conclusion that there is no iota of evidence made out against the O.Ps here in this case in order to hold that they were deficient in their service and if they have practised any unfair trade.  Accordingly, this issue goes against the complainant.

Issues no.i& iii.

From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to any of the reliefs as claimed by him.  Hence it is so ordered;

ORDER

Case is dismissed exparte against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 11^th  day of May,2023 under the seal and signature of this Commission.          

                                                                                                                   Sri Debasish Nayak

                                                                                                                             President

 

                                                                                                             Sri Sibananda Mohanty

                                                                                                                  Member