DIRECTOR PEPSI INDIA HOLDING LIMITED Vs. RAJESH SAINANI

JUDGEMENT

(1.) THIS appeal arises from order dated 8th January, 2001 rendered by the learned Vadodara District Consumer Disputes Redressal Forum in Consumer Dispute Redressal Case No.247/99 directing the opponents to pay to the complainant Rs.3,046/ - within 30 days from the date of the order, failing which to pay interest @ 18% p. a. and cost quantified at Rs.500/ -.

(2.) WE have heard the learned Advocate appearing for the appellant, original opponent No.1. We have gone through the impugned order. No one is present for the original complainant, respondent herein.

(3.) COMPLAINANT approached the learned Forum with the allegations of facts that he had purchased two bottles of Pepsi manufactured by the first opponent from Gurukrupa Pan House on 10.8.1999. He kept these bottles in the refrigerator and on the next day he consumed some cold drink from one of the two bottles. After few hours of such consumption of the soft drink he had great trouble with pain in the throat and heavy fever compelling him to take treatment for 5 to 6 days spending Rs.587.90. It was his case that he was used to take cold drinks in every season but had no occasion to suffer such trouble. According to him the cold drink he consumed from one of the two bottles was contaminated and, therefore, he had to suffer the ailment noted hereinabove. The second bottle of the Pepsi with Batch No.1569 was kept in the sealed condition in the refrigerator. But it was found that some fungus had already developed therein. He, therefore, drew the attention of the opponent No.2 who gave evasive reply leaving no alternative to the complainant except to file complaint before the learned Forum. Along with the complaint the sealed Pepsi bottle was produced for the same being tested by the Laboratory. As per the order of the learned Forum dated 31.8.1999 the said bottle was sent to the Food and Drugs Laboratory at Baroda for analysis as contemplated under Sec.13 (1) (c) of the Consumer Protection Act, 1986 . The Forum received the Analyis report dated 1.10.1999 saying "sample Bottle contains brown coloured liquid showing the presence of fluffy soft mass, which when isolated and examined microscopically showed the presence of plenty of fungal mycelia sporengiophore and spores and the sample is not fit for human consumption. "