RAJANESH R SWAMY Vs. CADBURY INDIA LIMITED

JUDGEMENT

(1.) THE complainants have filed this complaint claiming compensation of Rs. 9,60,415 with interest at 15% per annum under Section 17 of the Consumer Protection Act.

(2.) THE facts in this case are as follows: The complainants purchased 'Cadbury Chocolates' from opposite party (for short, 'O.P.') No. 2, which is a Retailer of Cadbury Chocolates manufactured by O.P. No. 1 on 1.11.2000. According to the complainants, when the Sachet/aluminium foil which had wrapped the Chocolate was cut opened, the complainants found the worms coming out of the chocolate bar. Complainant No. 2 having consumed the chocolate took ill and she had to be taken to a doctor for treatment. This necessitated the complainants to write a letter to the manufacturer of the Cadbury Chocolates at Mumbai enclosing documentary proof of either the adulteration or organic change on account of inherent vice in the food products itself. In addition, the complainants have also sent telegrams to O.P. No. 1. O.P. No. 1 had sent one Mr. G.N. Deepak, Sales Officer, who collected the worm infested Chocolates from the complainants assuring them that the same would be couriered to the company and a detailed report after the analysis of the Chocolates would be sent to the complainants. Thereafter, O.P. No 1 has sent a reply dated 1.12.2000 admitting the infestation. Thereafter, the complainants have also sent several letters to O.P. No. 1 demanding action and to stop flooding the market with 'n the rate food products which may have the potentiality of endangering the life of consumers. It is further averred in the complaint that the complainants obtained a Report and got it confirmed that the Cadbury Chocolates purchased by them were infested and consumption of such Chocolates is dangerous to the human life. Hence, the complainants have filed this complaint claiming compensation from the O.Ps.

(3.) O .P. No. 1, which is the manufacturer of Cadbury Chocolates denies the very purchase of the Chocolates on the ground that the Bill produced by the complainants does not show that the said product is manufactured by O.P. No. 1. According to O.P. No. 1, the complaint filed by the complainants is in the nature of a Public Interest Litigation and it has been filed only to bring a bad name to O.P. No. 1 and to get compensation. It is further averred by O.P. No. 1 that they have taken and continue to take all precautionary measures to protect the Cadbury Chocolates from any infestation and they have instructed all the Retail Dealers to preserve Cadbury Chocolates in such a manner not to get infested. In the version, O.P. No. 1 has elaborately described the procedure that would follow to pack the Cadbury Chocolates in such a manner not to get infested and also instructed all retail dealers to provide safety to the products manufactured by it till they are sold to the possible consumers.