CADBURY INDIA LIMITED Vs. RAKESH KAUSHAL

JUDGEMENT

(1.) THIS appeal is against the order of the learned District Forum, Shimla Camp at Nahan, dated 15.3.2002, as a result of which the appellant has been held to be guilty of culpable negligence amounting to deficiency of service in the process of manufacture of chocolate. The charge of unfair trade practice had also been foisted on it and Rs. 25,000/ - has been awarded as damages to the complainant/respondent No. 1 -Shri Rakesh Kaushal, in addition to which litigation cost of Rs. 2,000/ - has also been awarded. The dealer Shri Rakesh Aggarwal, respondent No. 2 has further been directed to refund the cost of the defective chocolate i.e., Rs. 16/ - to the complainant.

(2.) THE facts alleged in the complaint in brief are that two packets of Cadbury s chocolate weighing 44 grams made from dairy milk, were purchased by the complainant from respondent No. 2 for a sum of Rs. 32/ - for being consumed by his son. This transaction took place on 16.11.2000. On being opened, one of the chocolate packets was found to be infested with a worm. The said chocolate packet was taken to respondent No. 2 who gave the explanation that he has received the said contaminated chocolate in the same condition from respondent No. 3 i.e., the dealer, M/s. Aggarwal Traders. Hence, the complaint with a prayer that compensation of Rs. 1,00,000/ - should be awarded.

(3.) IN its reply, the appellant denied the allegations and also took up the plea that the complainant had failed to follow the procedure as contained in Section 13(1)(c) of the Consumer Protection Act, 1986 , hereinafter to be called the Act . In their joint reply, respondents Nos. 2 and 3 did not deny the sale and purchase of the alleged contaminated chocolate packets. It was, however, stated that the said item was never shown to respondent No. 2. It was alleged that the writing was obtained by the complainant from him as a result of coercion and pressure from the complainant, he being a high ranking officer.