SAMEER BHARDWAJ Vs. ARADHANA SOFT DRINKS COMPANY

JUDGEMENT

(1.) THIS appeal by complainant for enhancement of compensation is directed against the order dated 16.1.2009 passed by District Consumer Forum -I, U.T. Chandigarh whereby his complaint bearing No. 1225 of 2008 was allowed in the following terms:

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

(3.) THE facts culminating to the commencement of this appeal may be recapitulated thus: The complainant who is a doctor by profession/Registered Medical Practitioner in the last week of June 2008 had purchased a soft drink bottle of Mirinda Lemon flavour, two litres and a bottle of Slice Mango flavour, 250 ml., both manufactured and bottled by OP -1, from OP -3 for Rs. 48. As a normal practice no cash receipt/bill was obtained by the consumer from the seller. It was alleged that before making use of the bottles at his residence, he detected some debris floating inside the sealed bottles and in order to ascertain whether it was some dead biological organism or a non -living matter the bottles were required to be sent to the appropriate laboratory for confirming/determining the nature of the material contained inside the bottles and its impact on human health. He intimated the fact of presence of foreign body/turbidity/ dead insect to the OP -3 who asked him to approach OP -2, the local office of OP No. 1 which manages all business affairs of the manufacturing company in the region. The complainant many times visited the office of the OPs personally but they put off the matter and all his requests fell on deaf ears. According to the complainant, by selling contaminated eatables/soft drinks the opposite parties were playing havoc with the health and longevity of life of the people for which they needed to be punished severally so that they dare not to repeat the same in future. Hence, alleging deficiency in service and unfair trade practice on the part of OPs, complainant filed complaint before the District Forum praying that OPs be burdened with exemplary damages and he be awarded compensation and costs to the tune of Rs. one lac.