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Thread: Asianlak Health Food Ltd., Ludhiana-Chandigarh

  1. #1
    Tanu's Avatar
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    Default Asianlak Health Food Ltd., Ludhiana-Chandigarh

    H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA

    Appeal No. 347/2007.

    Date of Decision 10.04.2009.

    Gopal Sharma S/o late Sh. Devi Saran Sharma

    R/o Andhi Bhawan, Jhakoo Hills, Shimla 171 001.

    ……..Appellant.

    Versus



    1. Asianlak Health Food Ltd., Ludhiana-Chandigarh

    Road, VPO Jandiali, Distt. Ludhiana (Bottlers of Bisleri Waters).,



    2. Delhi Bottling Co. Ltd., 60 Shivaji Marg, New

    Delhi 110 015 (Principal Company/licenser of Bisleri Water).,



    3. Aqua Minerals Ltd., 60, Shivaji Marg, New Delhi 110 015.,



    4. M/s Krishna Traders, The Mall, Shimla 171 001.

    …….Respondents.



    Hon’ble Mr. Justice Arun Kumar Goel, President.

    Hon’ble Mrs. Saroj Sharma, Member.

    Hon’ble Mr. Chander Shekher Sharma, Member.



    Whether Approved for reporting? No.



    For the Appellant. None.



    For the Respondent. Mr. Vinod Kumar Sood, Advocate.





    O R D E R:



    Justice Arun Kumar Goel (Retd.) President (Oral)



    This appeal is directed against the order of the District Forum Shimla, in Consumer Complaint No. 676/2000 decided on 31.5.2007. By means of impugned order, respondents No. 1 to 5 have been directed to pay Rs. 25,000/- to the appellant as compensation for rendering deficient service and indulging in unfair trade practice, alongwith cost of Rs. 1500/-. Payment has been ordered to be made within 45 days of the receipt of the copy of the order.

    2. Respondent No.1-franchisee is the bottler of the bisleri mineral water. None of the respondents in this appeal is aggrieved from the order of the District Forum below. Appeal has been filed by the appellant for enhancement of compensation. Case of the appellant was, that he is a chronic patient of hepatic ameobiasis since early 90’s having abscess cavity in the liver. This was diagnosed by the Indira @@@@hi Medical College and Hospital, Shimla and he was advised to take safe drinking water. With a view to tackle this medical problem, appellant claims to be consuming Bisleri water as according to him, it is claimed to be safe and pure. Since his condition did not improve, therefore, he was advised that intake of water was not safe. Further according to appellant on 27.1.2000 he bought one bottle from respondent No.5 and noticed that some suspended foreign material was there in the sealed bottle. According to him during this period his condition aggravated and as a result of it, he became patient of number of water borne diseases which earlier he was not having. Thus according to him the Bisleri water that he consumed proved to be slow poison. This was a case of unfair trade practice on the part of the respondents as well as deficiency of service. His further case is, that they were defrauding and cheating customers like him. In this background he claimed compensation in the sum of Rs. 4.50 lacs for physical and mental loss, besides litigation cost.

    3. Respondent No.1 while contesting the claim of the appellant by way of preliminary objections pleaded estoppel, tampering of the bottle and questioned jurisdiction of the Fora. Non-joinder of necessary parties was also set up as a defence. It admitted that Bisleri is considered to be pure and safe mineral water, and it was pleaded that the respondent was not suffering from any ailment because of consumption of the said mineral water. Bottle alongwith cash memo was not deposited with the District Forum below alongwith the complaint. Besides this suspended material was not visible to the naked eye, he did not disclose number and date of manufacturing and expiry of mineral water. It was pleaded that on the bottle itself, it was mentioned that it was safe within six months from the date of manufacturing. Similarly case was contested by respondents No.2 to 4 on identical grounds.

    4. District Forum below after having heard learned counsel for the parties allowed Rs. 25,000/- as compensation on the basis of the report of the Public Analyst, Kandaghat as also Rs. 1500/- towards litigation cost.

    5. We have gone through the impugned order, as well as the record of the complaint file. Prima facie we are satisfied that the impugned order suffers from no infirmity, though according to Mr. Sood learned counsel for respondent No.1 compensation awarded is on higher side and the appellant is not entitled to this amount. He also argued that the bottle having remained in the custody of the appellant till it was submitted to the court, the possibility of its having been tampered with, cannot be completely ruled out. Further according to Mr. Sood appellant ought to have produced the bottle alongwith the complaint and should have applied for its being tested in the Composite Testing Laboratory at Kandaghat. This was done beyond the period of 6 months. He thus prayed for dismissal of this appeal.

    6. On an overall examination of the whole case, we are satisfied that the impugned order suffers from no infirmity which may call for interference muchless enhancement of compensation. Compensation being claimed on account of appellant having suffered because of the alleged consumption of the Bisleri water has remained unproved, as such this is an additional ground not to uphold the pleas set out in support of this appeal.

    In view of the aforesaid discussion, we find no merit in this appeal which is accordingly dismissed, leaving the parties to bear their own costs.

    Mr. Sood learned counsel for the respondent No.1 has undertaken to collect copy of this order from the Court Secretary free of cost as per rules, and office is directed to send copy of this order to the appellant as well as respondents No. 2 to 5 in the like manner.

    Learned counsel for the parties have undertaken to collect copy of this order from the Court Secretary free of cost as per rules.



    Shimla.

    10th April, 2009 (Justice Arun Kumar Goel) Retd.

    /K/ President.





    (Saroj Sharma)

    Member.



    (Chander Shekher Sharma)

    Member.

  2. #2
    Unregistered Guest

    Default bisleri bottle

    hi
    recently we organised a kitty party at lodhi club-ludhiana. TO our surprise tap water was being served in bisleri mineral water bottles which should have been served otherwise in jug.kindly look into the matter. also do a survey at lodhi club.

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