West Bengal

Bankura

CC/85/2015

Dharmendra Mishra - Complainant(s)

Versus

K.K Enterprise - Opp.Party(s)

Self

08 Feb 2023

ORDER

     IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint  No. 85/2015

Date of Filing :06-07-2015

Before:

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant: Ld Advocate Jayanta Kumar Mukherjee

For the O.P. Ld Advocate Nilanjan Das

Complainant    

Dharmendra Mishra, Haritaki Bagan, Kenduadihi, Bankura

Opposite Party  

1.K.K.Enterprise, Kamrar Math, Bankura  2.M/s Hindusthan Cocacola Beverages Pvt Ltd., Jalpaiguri

FINAL ORDER / JUDGEMENT     

                                                                                                                                                      

Order No.39

Dated:08-02-2023

Both parties file hazira.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he purchased two cartons of Cocacola from the O.P. No.1 under receipt dated: 20-06-2015 for Rs.1,010/- to celebrate a family gathering. While the said Cocacola was served to the participants in the family gathering on 20-06-2015 one bottle containing Batch No.BNA08S1A11, MFD 08-01-2015 was found adulterated on bare eye and the said bottle was kept separately in a safe place and it was placed before the O.P. No.1 next day on 21-06-2015 with the request for taking appropriate steps but the O.P. did not pay any heed to it. Thereafter the complainant also tried to contact with O.P. No.2 which is the manufacturing company of Cocacola but no satisfactory response was received from their end.

Hence this case has been filed by the complainant for adequate compensation for sale of such adulterated cold drinks.

                                                                                                                                                                                           Contd…..p/2

Page: 2

O.P. No.2 contested the case by filing a lengthy written version denying all the material allegations made in the complaint and disowning their liability in the matter.

O. P. No.1 has not come forward to contest the case.

At the time of hearing Ld. Advocate appearing for the Complainant could not produce any chemical report to show that the disputed cocacola drink was contaminated. Two cartons of cold drinks were served in the family gathering out of which one bottle of cold drinks was found contaminated and it may be so for various reasons but it cannot be safely stated without a chemical report that the particular cold drink was not fit to drink due to adulteration.

Very foundation of the complaint is based on such chemical report and in its absence the Commission is not in a position to come to any conclusion regarding the purity of the particular bottle of cold drinks. No guesswork, assumption or presumption can be made to ascertain the extent of contamination in the cold drinks in question. The Commission is helpless to pass any order in this case but to dismiss the same.

Hence it is ordered……

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this Order free of cost.

 

____________________                   _________________           _________________

HON’BLE   PRESIDENT           HON’BLE MEMBER       HON’BLE MEMBER