VARUN BEVERAGES LTD. Vs. ARIJIT SADHUKHAN

JUDGEMENT

(1.) This review petition under Sec. 21 (B) of the Consumer Protection Act, 1986 (in short, the 'Act') is directed against the order dtd. 10/1/2017 of the State Consumer Disputes Redressal Commission, West Bengal, Kolkata (in short, the 'State Commission') in Appeal No. 1365 of 2014 dismissing the appeal against order dtd. 5/11/2014 of the District Consumer Disputes Redressal Forum, South 24 Parganas, Kolkata (in short, the 'District Forum') allowing the complaint.

(2.) We have heard the learned counsel for the parties and perused the records. Respondent No. 2 did not appear and was placed ex parte.

(3.) The relevant facts of the case, in brief, are that appellant is a manufacturer of 'Pepsi' branded products (cold drinks) and a '7 Up' cold drink was sold by respondent no.2 to respondent no. 1 on 30/7/2012. On consuming the same, respondent no.1 experienced stomach pain at night and therefore he purchased two more bottles from respondent no. 2 and found sediments resembling algae or moss floating in the said bottles. Despite representation to the petitioner, the respondent alleges there was no response. He then approached the District Forum praying for compensation of Rs.9,00,000.00 and Rs.50,000.00 as litigation expense. On contest, the complaint was allowed by the District Forum directing payment of Rs.1,00,000.00 as compensation and Rs.5,00,000.00 as penalty, of which 75% was to be deposited with the Consumer Welfare Fund within one month, failing which, with interest @ 10% till realization. This order was appealed against before the State Commission and was dismissed after considering the submissions of both parties. This order has been challenged by way of this review petition.