By Sri. K. Mohammed Ali, President,
Facts in brief:-
1. The case of the complainant is that he purchased a bottle of drinking water from opposite party No.2, manufactured by opposite party No.1, on 24-06-2013, paying Rs.20/- as the price. When the bottle was opened and started to consume the water, he felt a distaste and a colour change in the water. Since the complainant was convinced that impure water was supplied to him which is unfit for human consumption, there developed an exchange of words with the Shop Manager of opposite party No.2 attracting the attention of the local channels who was present in connection with Collectorate March, conducted by L.D.F. . The nearby Road Junction was over crowded.
2. On the very same day itself, with in hours, complainant produced the water bottle, along with the complaint, which was marked as MO1. He approached the office of the Health Department also situated nearby and the water bottle was shown to them, but no result. Hence the complaint.
3. The opposite party No.2, Prasanth Family Restaurant filed the version admitting the purchasing of the water bottle. But seriously resisting the remaining allegations. It is stated that it was a sealed water bottle and no complaint was made to the opposite party No.2. He is disputing the material facts that the water supplied to the complainant was impure and not fit for human consumption. Even if there is any defects, the opposite party No.1, the manufacturer is responsible. In order to tarnish the good will and reputation of the Restaurant, a false case was foisted. Opposite party No.1 has not filed any version.
4. The main points that arises for our consideration is as follows:-
(i) Whether the opposite parties are deficient in service by supplying the impure water to the complainant.
(ii) Relief if any.
5. Points No.(i) & (ii):-
To offer hazardous goods for sale is a serious offence, not only to a particular individual, but also to the entire society. Kerala is known to be the “God's Own Country”, and we are blessed with forty four rivers, with abundant water. Unfortunately, just like air pollution, water pollution is also prevailing in this thickly populated State. Most of the people are depending upon distilled water. Especially when they are travelling, under the impression that it is pure water fit for consumption and it is manufactured, filtered and bottled by renound Companies like “KINLEY MINERAL WATER”.
6. On analysing the evidence, we can see that the complainant purchased the MO1 from the Restaurant of opposite party No.2 and manufactured by opposite party No.1. On the very same day itself, the complainant has produced the bottle in the forum, along with this complaint, within hour of purchase. Immediately he has approached District Medical Office, situated very near to the forum and having seen no result, he rushed to this Court with MO1.
7. The purchasing as per Ext.A1 Bill is admitted by the opposite party No.2. The Ext.A2, ie., the CD of the local channels can be relied upon as a material evidence. No personal animosity is alleged against the complainant in the version or in the counter affidavit to foist a fabricated case to tarnish the image and reputation of the said Restaurant in public. The complainant was subject to a lengthy cross examination but nothing was elicited. It is true that the water bottle was not sent for scientific analysis to a laboratory, but, we can see with our naked eye that the water is not fit for human consumption since it is polluted and it is hazardous to health and our life. We have directly examined the Ext.A2 and MO1.
8. Sufficient time to manipulate the water in the MO1 was not available to the complainant, since the local channels were shooting the whole incident in the presence of others and with in hours, it was produced in the Court. So this forum feels that the complaint is proved and nothing to disbelief him.
9. Both parties have submitted their affidavits in support of their case and Ext.A1, A2 and MO1 was marked on the side of the complainant. He was cross examined as PW1. No documentary or oral evidence was adduced by opposite parties. The opposite parties are deficient in service and they are jointly and severally liable for the loss sustained to the complainant. The loss and injury must have been suffered by a large number of consumers who are not identifiable conveniently. But the complainant came forward and responded strongly against this injustice suffered by the consumers due to the negligence of the opposite parties. The polluted drinking water will definitely cause contageous diseases just like Jaundice, Cholara and Lever diseases. The State of Kerala has become a State of diseases.
10. Just like Sand Mafia, Water Mafia is also growing up in Kerala. Even though so many enactments are made by the Government, it is increasing alarmingly. So we are expecting that this order shall be a message to those who are indulged in this type of Anti Social Activities.
11. For the interest of Justice, we are issuing the following orders:-
(i) The opposite parties shall jointly and severally pay and deposit Rs.50,000/-(Rupees Fifty thousand only) with the forum and out of which Rs.10,000/-(Rupees Ten thousand only) shall be given to the complainant, as compensation to the mental agony and sufferings.
(ii) The balance amount of Rs.40,000/-(Rupees Forty thousand only) shall be handed over to the Kerala Chief Minister's Relief Fund to the Scheme of providing pure drinking water to the common masses.
(iii) The order shall be complied within one month of the receipt of the copy of this order.
Dated this 6th day of June, 2015.
K. MOHAMMED ALI, PRESIDENT
R. K. MADANAVALLY, MEMBER
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 and A2
Ext.A1 : Photo copy of the bill for Rs.20/- from opposite party No.1.
Ext.A2 : CD of 'shooting'.
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Nil
Material Object marked : MO1
MO1 : Water bottle.
K. MOHAMMED ALI, PRESIDENT
R. K. MADANAVALLY, MEMBER
MINI MATHEW, MEMBER
