DABUR INDIA LIMITED Vs. RAJESH NAITHANI

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 10.6.2008 passed by the District Forum, Haridwar, allowing consumer complaint No.306 of 2007 and directing the opposite party No. 1 -appellant before us to pay to the complainant sum of Rs. 25,000 towards mental agony and financial loss for committing negligence in the manufacturing of consumable goods and also to pay litigation expenses of Rs. 2,000, within a month from the date of the order. The opposite party No. 1 was further directed to deposit sum of Rs. 1,00,000 towards special damages in State Consumer Welfare Fund. The consumer complaint was, however, dismissed against the opposite party No. 2.

(2.) IN brief the facts of the case are that the opposite party appellant is engaged in manufacturing of juice known as "Real Twist". The complainant purchased one bottle of the said juice manufactured by opposite party No. 1 from the shop of opposite party No. 2 on 10.6.2007. When the complainant opened the said bottle at his house, he found some black metal in the bottle, which caused him mental agony. The complainant sent a notice to the opposite parties through his Advocate and thereafter filed the consumer complaint before the District Forum alleging negligence and deficiency in service on the part of the opposite parties.

(3.) THE opposite party No. 1 filed written statement before the District Forum and pleaded that as the complainant has not produced the bottle before the District Forum and, as such, it cannot be said that the bottle in question was manufactured by them. As per the provisions of Section 13(l)(c) of the Consumer Protection Act, 1986, the complainant has not sent the bottle to the laboratory for analysis of the same. It was also pleaded that the complainant has not approached the District Forum with clean hands and the consumer complaint is liable to be dismissed.