GAURAV GARG Vs. PEPSICO INDIA AND ORS.

JUDGEMENT

(1.) Sh. Gaurav Garg, the complainant was going to Faridabad to meet his friend on 31.10.2012 from Gurgaon. On the way, at Gurgaon -Faridabad Road, the complainant purchased a 'Slice' bottle, 250 ml, to drink, from the retailer of the OPs namely Pepsico India -OP -1 and M/s. Varun Beverages Ltd. -OP -2. He paid the consideration to the tune of Rs. 12. OP -2 on behalf of OPs, accepted and acknowledged the consideration amount from the complainant. The OPs are financially beneficiary of the amount received by the retailer from the complainant and in this manner the complainant is a consumer qua OPs. The complainant purchased the slice bottle being the product of the OP -1 who has acquired reputation and goodwill in the market of Soft drink for the quality of their products. After consuming the Slice bottle, the complainant started vomiting and feeling sick. The complainant had headache and stomach pain. He returned home and took some medication. However, in the evening, he developed high fever and diarrhoea, which lasted for several days and the complainant sought treatment from the doctor and eventually got well. He remained under the intensive medical care with Max Hospital from 1.11.2012 to 12.11.2012. The documentary evidence in this respect has been attached with this complaint as Annexure C -2.

(2.) We have gone through the record. Complete Summary mentions:

(3.) It is contended that the above said soft drink created threat and danger to the life of the complainant. The OPs have acted in a highly rash, negligent and irresponsible manner. Such conduct on the part of the OPs has caused immense mental torture, pain, agony, suffering and set -back to the complainant as the OPs had put the life of the complainant in danger. A complaint was made to the OP -1, but the OP -1 has not admitted its fault. The complainant has placed on the record the photograph of the Slice bottle, as Annexure C -3. The correspondence exchanged between the complainant and the OPs has been placed on the record as Annexure C -4 (colly). Consequently, this complaint was filed before this Commission on 9.5.2013, with the following prayers: