COLGATE PALMOLIVE INDIA LTD Vs. O P GAGNEJA

JUDGEMENT

(1.) This is an appeal against the order dated 9.7.1998 of the District Consumer Disputes Redressal Forum, Amritsar (hereinafter called the District Forum) vide which the appellant, M/s. Colgate Palmolive India Limited, Apejay House, 3-Dinshwa Vaccha Road, Mumbai-I, who was opposite party before the District Forum, was directed to pay compensation of Rs.2,000/- to the complainant.

(2.) Briefly stated the facts are that the complainant/respondent purchased Colgate Gel Toothpaste of 150 g. pack bearing batch No. M-C/393, manufactured by the appellant, from M/s. Shiv Shakti Stores, Anand Avenue, Amritsar (opposite party No.3 in the complaint ). The toothpaste in question was manufactured and marketed by the appellant. Opposite party No.2, M/s. Chawla Sales Agency, Golden Avenue, Amritsar is the distributor of the products of the appellant including the toothpaste in question for Amritsar. Opposite party No.3 had taken the above said toothpaste from opposite party No.2 for retail sale.

(3.) Respondent-complainant opened new pack of toothpaste, which he had purchased as stated above from the opposite party to brush his teeth before bedtime and took out the paste on his toothbrush by squeezing the tube. He found a dead fly in the paste. According to the complainant he felt cheated and suffered tension and mental harassment when he found a dead fly in the toothpaste