R RAMACHANDRA Vs. SURESH AND ASHOK

JUDGEMENT

(1.) The complainant was working as a Teacher in the Government High School, Jalahalli, Bangalore. Sri. S. T. Ganganna (CW-1) is also working in the same school. Sri. K. Raghavendra Char (CW-2) was also working in that school till about 5-6 months back when he was transferred from that school.

(2.) The complainant purchased PVC Sandak chappals from the Bata Show-room in Rajajinagar in about 1987. After, wearing those chappals for about 3 months he developed white patches on both his feet. According to the complainant his skin was affected due to the chemical compounds used in manufacturing PVC Sandak Badsha chappals of Bata Company. When he complained about it to the Manager of the shop, he was given another pair of leather chappals in exchange for the PVC chappals. Then he sent a complaint dated 5.2.1987 to the Managing Director of Bata Company, Calcutta as per the original of Exhibit R-7 (a ). Then he was got examined by Dr. Surendra (RW-1) who prescribed certain tests for the complainant. Thereafter the Bata Company officials never cared to take him for undergoing those tests. Hence he sent a complaint dated 1.3.1990 to the District Forum, Bangalore, claiming compensation of Rs.5 lakhs. That complaint was returned to him by the District Forum on 24.3.1990 for presenting it to this Commission as it had no jurisdiction. On 30.3.1990, he submitted the said complaint to this Commission.

(3.) The complaint is resisted by the respondents by contending inter alia that they are not the manufacturers of the PVC chappals in question as they are only arranging for sale of all footwears manufactured and supplied by Bata India Limited, that they are not the traders as they are only the employees of the Company; that M/s. Eskaps India (P) Ltd. , Calcutta tested the PVC chappals and have issued a certificate as per Exhibit R-6 to the effect that the PVC chappals do not contain any chemical compounds injurious to human skin, that Vitiligo could be contracted by various reasons and not necessarily by using PVC chappals, that although lakhs of persons use their chappals, no other person has complained about contracting white patches by using such chappals. that the complainant has not contracted white patches by using those chappals and he must have contracted them on account of his individual susceptibility and that the compensation claimed as exhorbitant.