The Hindu : Andhra Pradesh / Visakhapatnam News : Soft drinks unit asked to pay damages

Online edition of India's National Newspaper
Saturday, Jan 01, 2005

Andhra Pradesh

Andhra Pradesh - Visakhapatnam

Soft drinks unit asked to pay damages

By Our Correspondent

VISAKHAPATNAM, DEC. 31. A soft drinks manufacturing company in the city has been directed by the Visakhapatnam District Consumer Forum to pay damages of Rs. 5, 000 to a consumer for deficiency in service.

A resident of Isukathota, M.N. Narsinga Rao, bought two 200 ml bottles of Lehar Mountain Dew and Lehar Miranda for Rs. 5 each to entertain guests. Before opening the cap, he noticed a dead fly and black spots in the first bottle and dust and fungus in the second one. He then filed a complaint (Consumer Dispute no: 79/2004) against Pearl Bottling Private Limited, at Chandrampalem in Madhurawada, at the forum for damages and deficiency in service.

Counter-claim

The opposite party (OP) countered the claim contending that many people were filling spurious drinks in its bottles and that it was observing strict standards, hygiene and quality.

As the consumer failed to furnish proper information with regard to the person who had sold the soft drinks, it took time for the OP to gather information, and meanwhile, the consumer had hastily filed the complaint making a false claim, it said.

The consumer filed photographs of the two soft drink bottles along with negatives, copies of the lawyer's notice, acknowledgement from the OP, and news clippings.

The Forum President, C. Rambabu, and Member, D. Suseela, in their recent judgment, stated that that the complainant is satisfied in giving wide publicity in the newspapers about the soft drink bottles of OP. There is no definite proof that the two bottles were manufactured by the OP and that it was sold through an authorised dealer.

Forum observation

However, they noted that in spite of the legal notice and publicity in newspapers, the OP had not moved. The complaint was filed almost five months after the incident and this period was sufficient for the OP to inquire and come up with a plea but intended on taking shelter based on certain newspaper reports given by it stating that spurious drinks are being bottled in their branded bottles.

To this extent, they felt that OP is guilty of not properly responding to the notice.

As a result, the forum partly allowed the consumer dispute and directed the OP to pay for its inaction damages of Rs. 5, 000 within two months, failing which the amount would carry interest at the rate of nine per cent per annum, till the date of realisation.

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