JAG MOHAN SHARMA Vs. CHANDIGARH BOTTLING CO

JUDGEMENT

(1.) This appeal is concluded in favour of the appellant on the point of the quantum of compensation by our decision in, Vijay Kumar V/s. Managing Director, M/s. Hamdard Wakf Laboratory, Delhi and Others,1993 CPC 502, It, therefore, suffices to notice the facts with utmost brevity.

(2.) M/s. Chandigarh Bottling Co. , Chandigarh are the manufacturers of Limca cold drink, whilst the other two respondents are the distributor and retailer thereof. On the 10th of October, 1992, the complainant-appellant purchased as many as five crates of Limca vide Bill No.992 for an amount of Rs.440 /- from respondent No.2 for serving the same at the marriage of his daughter. On the following day on 11th of October, 1992 when the said drinks were served to the guests, they were immediately taken ill and started vomitting. The complainant then examined and found that black coloured particles in the bottles of Limca were patently visible and ilso fungus therein. The supply of cold drinks was stopped forthwith and the remaining 29 bottles remained unused with the respondent. Aggrieved thereby, a formal legal notice was also served on the respondents and it was the case that the representative of respondent No.1 visited the complainant on 21st of October, 1992 and on opening some bottles actually found foreign particles therein. The complainant was assured redress, but later no action was taken, compelling him to knock at the door of the District Forum, Jagadhari.

(3.) The respondents in defending the complaint admitted the purchase of Limca bottles, but attempted to deny any adulteration or foreign particles therein. The plea was that the bottles were genuine and of sound standard and they would have no objection if the same were got analysed from the Government Food Laboratory.