Sanjeev Kumar son of Shri Julfi Ram Sharma, Resident of village and PO Chambaghat, Tehsil and District Solan, H.P.





… Complainant.

Versus



1. M/S Coca Cola Company, 1 Coca Cola Plaza, Atlanta GA 30313 U.S.A. through its Managing Director cum Incharge.



2. M/S Kandhari Beverages Private Limited, Village Katha, Baddi, P.O. Baddi, Tehsil Nalagarh, District Solan, H.P. through its Managing Director/Director and General Manager.



3. M/S Standard Sweet Shop The Mall Solan near D.C.Ofice Solan, H.P. through its Proprietor.



4. Aradhana Soft Drink Company, 19-A, Sector-1, Parwanoo, Tehsil Kasauli, District Solan, H.P. a subsidiary of Pepsi Cola through its partner/proprietor.



…Opposite Parties.



O R D E R:



Pritam Singh (District Judge) President: - This order shall dispose of complaint under section 12 of the Consumer Protection Act, 1986. The case of the complainants in brief is that he purchased six bottles of Fanta (soft drink) from the OP No.3 on 05.07.2006, vide bill No.584 for personal consumption. That OP No.2 is the manufacturer of the soft drink. That when he was about to consume one of the bottles, he found some foreign particle visible inside the same. Therefore, he approached the OPs No.2 and 3 and brought the said fact to their notice, but to no avail. It is alleged by the complainant, that the aforesaid bottles of cold drinks manufactured by OPs No.1 & 2, were not fit for human consumption and by manufacturing & selling contaminated soft drinks, these OPs indulged in an unfair trade practice. Hence, feeling dissatisfied and aggrieved by the act of the OPs, the complainant perforce filed this complaint against the OPs.



2. The complaint is resisted by OPs. The OPs No.1 & 2 in reply alleged that the manufacturing process involves strict quality checks at various stages of manufacture ruling out all possibility of any foreign matter in the bottled product as alleged by the complainant, and the raw materials used are of the highest grade and quality and the water used in the manufacturing process is filtered, sterilized and is absolutely clean. The OP No.3 in its reply submitted that it had purchased the soft drink in question from M/S Gian Chand Faquir Chand and it was sold in the same condition in which it was received by it. It is admitted by him that the complainant purchased six bottles of soft drink from it. The Op No.4 also filed separate reply and took preliminary objections regarding maintainability of the complaint, status of the complainant as a consumer. On merits, it is alleged that the complainant has filed this false and frivolous complaint to grab money and compel them to pay uncalled for damages to him. That there being no deficiency in service, the complaint is sought to be dismissed. Thereafter, the parties led oral and documentary evidence in support of their claim/counter claim.



3. We have heard the learned counsel for the parties at length and also thoroughly scanned the entire record of the complaint.



4. The complainant admittedly purchased six bottles of Fanta from the OP No.3 vide bill No.584 dated 05.07.2006, but when the complainant was about to consume one of the bottles of cold drink some foreign particle inside the bottle was noticed by him. As such, these bottles were not fit for human consumption.



5. The case of the OPs No. 1 & 2 -manufacturer of cold drink ‘Fanta’ is that they never allow selling in the market the soft cold drink which either contains foreign material or dirty substance which does not conform to the prescribed standard. But, their plea stands believed from the report of the Public Analyst dated 08.12.2006 placed on record who in his report opined that the sample of Fanta Sweetened Carbonated beverage is not fit for human consumption due to the presence of empty polythene pouch of sudershan brand gutkha.

6. On this report of the Public Analyst, the OPs did not file any objection. As such, the report of Public Analyst remained uncontroverted. Thus, it can be safely concluded that the aforesaid bottles of cold drink so sold to the complainant by the OP No.3 the bulk of which was manufactured by the OPs No. 1 & 2 were not fit for human consumption. Therefore, we have no hesitation to hold that the OPs 1 to 3 by manufacturing and selling contaminated bottles of cold drink Fanta, which were not fit for human consumption, not only committed deficiency in service, but also indulged in an unfair trade practice.



7. For the foregoing reasons, we allow this complaint and direct the OPs No.1 to 3 jointly and severally to pay Rs.5,000/- as damages to the complainant for causing him physical and mental agony. In addition to this, they shall also pay Rs.1,000/- as costs of litigation. However, the complaint against OP No.4 being not maintainable is dismissed. The OPs shall comply with this order within a period of forty five days after the date of receipt of copy of this order.