M K MALHOTRA Vs. ASIANLAK HEALTH FOODS LTD

JUDGEMENT

(1.) THIS appeal by complainant for enhancement of compensation is directed against the order dated 8.10.2009 passed by District Consumer Forum -I, U.T. Chandigarh whereby his complaint bearing No. 739/2009 was allowed with costs of Rs. 500 and consequently opposite parties were directed to pay him Rs. 2,000 as compensation to the complainant within thirty days from the receipt of copy of the order, failing which they were made liable to pay penal interest @ 12% p.a since the date of filing the complaint i.e. 22.5.2009 till its payment to the complainant.

(2.) THE parties hereinafter shall be referred to as per their ranking before the District Consumer Forum.

(3.) IN nutshell, the facts as set out in the complaint are that the complainant purchased two cold drink bottles containing Coke and Lemon contents under the Buy One Get One scheme vide bill dated 28.3.2008 which were produced, bottled, and marketed by OP -1. In the first week of April 2008 some guests visited his residence and the cold drink containing coke content was served which was also consumed by his family. However, immediately after consuming the said drink his guests/family members complained about giddiness and pain in their stomach. After 3 -4 days he got suspicious and examined the other cold drink bottle (lemon) and was surprised to see a foreign object (most likely a mosquito) in the said bottle. He lodged complaint about the same with OP -3 who told him to contact OP -2. He visited the office of OP -2 and brought the matter to the notice of its Area Purchase Manager. He also brought the matter to the notice of OP -1 through e -mails as well as fax and also sent legal notice dated 23.9.2008 but without any success. Hence, alleging deficiency in service and unfair trade practice on the part of OPs, complainant filed complaint before the District Consumer Forum.