SANJEEV KUMAR Vs. COCAL COLA CO & ORS

JUDGEMENT

(1.) THIS appeal is directed against the order of the District Forum, Solan, passed in Consumer Complaint No. 119/2006, dated 8.5.2009, whereby the District Forum has allowed the complaint and directed the respondents Nos. 1 and 3 jointly and severally to pay Rs.5,000 as damages to the appellant for causing physical and mental agony. In addition to this, they were also directed to pay litigation cost of Rs. 1,000.

(2.) THE factual matrix of the case in brief are that the appellant had purchased six bottles of Fanta (soft drink) from respondent No.3 on 5.7.2006, vide bill No.584 for personal consumption. Respondent No.2 is the manufacturer of soft drink. When the appellant was about to consume one of the bottles, then he found some foreign particle visible in same. Thereafter, he approached respondents No.2 and 3 and brought the said fact to their notice, but that was no avail.

(3.) FURTHER averments in the complaint are to the effect that the aforesaid bottles of cold drink were manufactured by respondents Nos. 1 and 2 and they were not fit for human consumption and by manufacturing and selling the contaminated soft drinks, the respondents have indulged into unfair trade practice and compensation amounting to Rs. 1,00,000 had been claimed by the appellant for offering hazardous drinks for sale in the market. In this background, complaint under Section 12 of the Consumer Protection Act, 1986, was filed for deficiency of service against the respondents.