HINDUSTAN COCA COLA BERVERAGES PRIVATE LIMITED Vs. RAVISHANKAR

JUDGEMENT

(1.) THIS appeal is by the O.Ps. challenging the order of the District Forum, Gulbarga, allowing the complaint of the complainant in part.

(2.) THE complainant on 10.1.2001 has purchased Kinley mineral water bottle containing 1 ltr. manufactured by O.Ps. for a sum of Rs. 12/ - at a retail shop at Hunasgi Bus Stand for his consumption when he was on his way by bus to Surpur found some alien particles floating when he was about to open the bottle for drinking. As the water contained foreign particles, he issued a legal notice to the O.Ps. calling upon them to pay compensation on the ground that the bottle which contained mineral water is contaminated one. The O.Ps. having received the legal notice replied to the complainant promising to look into the matter. But the O.Ps. have not paid any compensation to the complainant. This has made the complainant to file a complaint before the DF.

(3.) THE O.Ps. after service of notice issued by the DF filed their version before the DF. In their version the defence put forward by the O.Ps. is that the complaint filed by the complainant is not maintainable on the ground that the complainant is not a consumer as defined under the C.P. Act, hereinafter referred to as Act. It is further stated in the version that the O.Ps. company is engaged in the business of manufacturing and sale of Beverages including the packaged drinking water with the brand name Kinley and it reaches nook and corner of the country. The O.Ps. in their version have also stated the process adopted by the O.Ps. in the matter of manufacturing of mineral water.