COMPLAINT NO. 02 OF 2009
Aged about 36 yrs,
R/at No.94, 4th Cross,
The Managing Director,
M/s Pepsi Co(1) Holding Pvt. Ltd.,
No.34, K.M.Stone, NH-4,
Teppada, Begur, Nelamanagala – 123.
…. Opposite Party
This complaint is filed claiming compensation of Rs.95,000/- from the Opposite Party on the following grounds:--: ORDER:-
On 09.11.2008 the complainant purchased PEPSI BOTTLE of 200 M.L. from SRI.VENKATESHWARA GENERAL STORES, NO.56, NEAR RAILWAY UNDER BRIDGE, COX-TWON JEEVANAHALLI, BANGALORE-5 for consuming the same. Before opening the cork of the bottle, he found some black colour fibrous matter floating at the top of the liquid in the bottle. Thus, the liquid in the bottle was found to be contaminated and deteriorated and not fit for consuming. If consumed it was likely to cause danger to the life of the person consuming it. He issued legal notice dated:15.12.2008 calling upon the Opposite Party to give explanation for manufacturing the PEPSI in an unhygienic and unhealthy manner causing danger to the life of the public. In spire of receipt of notice, Opposite Party failed to give any reply. Hence the complaint.
2.In spite of service of notice by RPAD, the Opposite Party has remained absent.
3. In support of the claim, the complainant has filed his affidavit and has produced PEPSI BOTTLE purchased by him. The learned counsel for the complainant has filed written arguments.
4. The points for consideration are:-
1.Whether the complainant has proved deficiency in service on the part of the Opposite Party?
2.Whether the complainant entitled to the relief prayed for in the complaint?
5. Our findings are:-
Point No.1 : In the AffirmativePoint No.2 : As per final orderfor the following:-6. From the PEPSI BOTTLE produced by the complainant before the Forum, it is seen that the cork of the bottle is intact and a lump of a foreign substance like a fibrous matter is found floating inside the PEPSI BOTTLE and the same is visible to the naked eye. This supports the contention of the complainant that the liquid in the bottle is contaminated and not fit for human consumption. If consumed such beverage is likely to cause health hazards to the person consuming it. Since Opposite Party has remained absent in spite of service of notice, the material on record has gone unchallenged. When the Opposite Party is manufacturing beverage and marketing the same for consumption by general public it is required to take all-most care to see that the beverage is not contaminated and no foreign body is found in the beverage. If any foreign body is found or the beverage is contaminated it is likely to endanger the life of person consuming such beverage. The fact that the PEPSI BOTTLE purchased by the complainant contains fibrous matter makes it clear that the Opposite Party has not taken proper care in manufacturing and marketing beverage. This act of the Opposite Party clearly amounts to not only deficiency in service but to unfair trade practice. Fortunately finding the foreign body floating in the liquid, the complainant has not consumed the same and therefore he is not subjected to health hazards. However, for the deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant needs to be compensated. But it appears to us that the compensation claimed by the complainant at Rs.95,000/- is exorbitant and on the higher side. Therefore, we hold that it is just and sufficient if the complainant is granted compensation of Rs.5,000/-. In the result, we pass the following:--:REASONS:-
- The complaint is ALLOWED IN PART.
- The Opposite Party is directed to pay compensation of Rs.5,000/- inclusive of the costs of the proceedings to the complainant. Compliance of this order shall be made within eight weeks from the date of communication.
- The PEPSI BOTTLE produced by the complainant shall be destroyed after the appeal period is over.