VIKAS MITTAL Vs. MOSOOF AHMED & ANR.

JUDGEMENT

(1.) Shri Mosoof Ahmed Hanfi alias Bittu, a practising advocate purchased two bottles of Mazaa Cold Drink manufactured by OP No. 3/Coca Cola Plant. OP No. 3 is represented by Mr. Vikas Mittal. The complainant paid Rs. 20/ - for the bottles and deposited Rs.20/ - as security for empty bottles on 25.05.2007. He consumed one bottle in the night and after 10 -15 minutes, he felt uneasiness in the stomach, Vomiting, Diarrhoea and fainting sensation. He was taken to the doctor. Few pathological tests were conducted and the report thereof revealed that it was a case of food poisoning. He got three days' treatment but felt weakness. He produced second bottle to the doctor, who noticed fungus, insects and dirt in the bottle. Therefore, the complainant wrote a letter to the OP/Mr. Mukesh Aggarwal, the proprietor of Agarwal S.T.D. Provision Stores. Thereafter, sent legal notices to all the opposite parties on 23.06.2007. The OPs did not reply. The complainant submits that due to his sickness, he could not appear in judiciary exams for selection of civil judge. Thus, he suffered professional loss, mental agony and financial loss. Therefore, he filed a complaint before the District Forum, Katni, M.P. and claimed a sum of Rs.4,35,040/ -.

(2.) The District Forum accepted the complaint, awarded Rs.40/ - towards bottles, Rs.50,000/ - as compensation towards treatment and missing the opportunity to appear in aforesaid judicial exams. Lastly, Rs.500/ - was also awarded as costs.

(3.) Aggrieved by the order of the District Forum, cross appeals were filed by the parties before the State Commission. The State Commission dismissed both the appeals.