HEINZ INDIA PRIVATE LIMITED Vs. SHIBU T PAUL

JUDGEMENT

(1.) Shibu T Paul, respondent no.1 herein filed a consumer complaint against the petitioner and respondent no.2 alleging that he had purchased Heinz tomato on 24.01.2007 from the opposite party no.1 Big Bazar on payment of Rs.71/-. The tomato ketchup was consumed by his son and immediately thereafter he started having severe stomach ache. The complainant / respondent no.1 took his son to Sanjivani Super Specialty Hospital Vastrapur on 16.02.2007 and on check-up he was found to be suffering from food poisoning. It is the case of the complainant that his son was treated in the said hospital till 21.02.2007 when he was discharged. On 21.02.2007 the complainant submitted the left over ketchup at Public Health Laboratory, Ahmedabad Municipal Corporation for examination. As per the test report of the laboratory, the tomato ketchup sample was found to be infested with live white worms. According to the complainant, his son was hospitalized after consuming worm infected ketchup and he had to incur an expense of Rs.22,850/- for the treatment of his son. Thus, the complainant filed a consumer complaint against the petitioner as also opposite party no.2 Big Bazar.

(2.) The concerned District Forum after hearing the parties and considering the evidence allowed the complaint and directed the petitioner opposite party no.2 Heinz India Pvt. Ltd. to pay a sum of Rs.22,850/- towards the medical expenses incurred on the treatment of his son besides Rs.150/- towards the cost of the bottle of ketchup, Rs.8000/-for physical and mental agony and Rs.4000/- towards transportation and financial loss. OP no.2 was also directed to deposit Rs.25000/- in Consumer Welfare Fund Gujarat.

(3.) Being aggrieved of the order of the District Forum, the petitioner / opposite party no.2 preferred an appeal. The State Commission Gujarat on consideration of the record and submissions made on behalf of the parties concurred with the finding of the District Forum and dismissed the appeal with further cost of Rs.5000/-.