w w w . L a w y e r S e r v i c e s . i n



Pepsico India Holdings Pvt. Ltd. & Anothre v/s Shyam Sharad Gumte & Another


Company & Directors' Information:- PEPSICO INDIA HOLDINGS PRIVATE LIMITED [Active] CIN = U15549HR1994PTC033754

Company & Directors' Information:- PEPSICO INDIA HOLDINGS LIMITED [Not available for efiling] CIN = U15200DL1996PLC077782

Company & Directors' Information:- A V S R HOLDINGS PRIVATE LIMITED [Active] CIN = U67120TG2005PTC045117

Company & Directors' Information:- S R HOLDINGS LIMITED [Active] CIN = U65993TN1988PLC083659

Company & Directors' Information:- S R HOLDINGS PRIVATE LIMITED [Active] CIN = U65993TN1988PTC083659

Company & Directors' Information:- A B HOLDINGS PRIVATE LIMITED [Active] CIN = U70102KA2006PTC040894

Company & Directors' Information:- SHYAM CORPORATION PRIVATE LIMITED [Active] CIN = U17120GJ2010PTC060509

Company & Directors' Information:- S K A HOLDINGS LIMITED [Active] CIN = U65993DL1981PLC012592

Company & Directors' Information:- S K A HOLDINGS LIMITED [Active] CIN = L65993DL1981PLC012592

Company & Directors' Information:- G J HOLDINGS PRIVATE LIMITED [Active] CIN = U51100DL2004PTC126687

Company & Directors' Information:- G J HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL2004PTC126687

Company & Directors' Information:- P P HOLDINGS LTD [Active] CIN = U65993PN1981PLC025916

Company & Directors' Information:- G S D HOLDINGS PVT LTD [Strike Off] CIN = U70109WB1990PTC048518

Company & Directors' Information:- S T HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1979PTC021588

Company & Directors' Information:- M C HOLDINGS PRIVATE LIMITED [Active] CIN = U67190DL2009PTC190957

Company & Directors' Information:- J S K HOLDINGS PVT LTD [Active] CIN = U67120WB1994PTC065660

Company & Directors' Information:- P R HOLDINGS LIMITED [Active] CIN = L27310AS1983PLC007154

Company & Directors' Information:- P R HOLDINGS LIMITED [Active] CIN = L27310DL1983PLC314402

Company & Directors' Information:- G R A HOLDINGS PVT LTD [Active] CIN = U70101WB1992PTC055865

Company & Directors' Information:- B S S HOLDINGS PVT LTD [Active] CIN = U67120WB1992PTC056874

Company & Directors' Information:- H M HOLDINGS PRIVATE LIMITED [Active] CIN = U65993ML2005PTC007956

Company & Directors' Information:- S M H HOLDINGS PRIVATE LIMITED [Active] CIN = U65993TG2006PTC049309

Company & Directors' Information:- M M HOLDINGS PVT LTD [Active] CIN = U70109WB1993PTC058147

Company & Directors' Information:- D J HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1992PTC067448

Company & Directors' Information:- R S M P HOLDINGS PRIVATE LIMITED [Active] CIN = U67190MH1995PTC088443

Company & Directors' Information:- V A G HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057817

Company & Directors' Information:- K E HOLDINGS PRIVATE LIMITED [Active] CIN = U70101TN2013PTC089953

Company & Directors' Information:- K C HOLDINGS PRIVATE LIMITED [Active] CIN = U65990MH1981PTC024688

Company & Directors' Information:- A TO Z HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1987PTC028294

Company & Directors' Information:- V R HOLDINGS PRIVATE LIMITED [Active] CIN = U70102KA2009PTC051724

Company & Directors' Information:- J B HOLDINGS LIMITED [Strike Off] CIN = U91110ML1995PLC004396

Company & Directors' Information:- P G T HOLDINGS LIMITED [Strike Off] CIN = U74899DL1994PLC057886

Company & Directors' Information:- S M HOLDINGS PRIVATE LIMITED [Active] CIN = U65990MH2011PTC225004

Company & Directors' Information:- M S R HOLDINGS LIMITED [Active] CIN = U85110KA1995PLC018599

Company & Directors' Information:- V N C A HOLDINGS PRIVATE LIMITED [Active] CIN = U74999TN2011PTC081684

Company & Directors' Information:- S C HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC025017

Company & Directors' Information:- S G HOLDINGS PVT LTD [Active] CIN = U70109WB1986PTC040839

Company & Directors' Information:- K C A HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066204

Company & Directors' Information:- S N J HOLDINGS PRIVATE LIMITED [Active] CIN = U67120DL1997PTC084488

Company & Directors' Information:- H P HOLDINGS LIMITED [Strike Off] CIN = U67120HP1997PLC019474

Company & Directors' Information:- K L N HOLDINGS PRIVATE LIMITED [Active] CIN = U65990TG1986PTC006344

Company & Directors' Information:- M R HOLDINGS LIMITED [Active] CIN = U67120MH1978PLC020559

Company & Directors' Information:- J T HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1979PTC021585

Company & Directors' Information:- B M D HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U51909TN1995PTC031179

Company & Directors' Information:- H K R HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1982PTC013032

Company & Directors' Information:- R J HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1982PTC013033

Company & Directors' Information:- K D R HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1982PTC013034

Company & Directors' Information:- P D R HOLDINGS PVT LTD [Amalgamated] CIN = U67120WB1996PTC077248

Company & Directors' Information:- W A HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL1997PTC084687

Company & Directors' Information:- W D HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL1997PTC084667

Company & Directors' Information:- A K HOLDINGS PRIVATE LIMITED [Active] CIN = U74899UP1986PTC037306

Company & Directors' Information:- J R D HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059769

Company & Directors' Information:- C S HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U85110KA1995PTC018441

Company & Directors' Information:- R A HOLDINGS LIMITED [Strike Off] CIN = U17119GJ1986PLC037333

Company & Directors' Information:- W. M. F. HOLDINGS PRIVATE LIMITED [Active] CIN = U70101CT2011PTC022482

Company & Directors' Information:- A V HOLDINGS PVT LTD [Active] CIN = U51109WB1992PTC054035

Company & Directors' Information:- SHYAM & SHYAM (INDIA) PVT LTD [Active] CIN = U23101WB1983PTC036757

Company & Directors' Information:- K B R HOLDINGS PRIVATE LIMITED [Active] CIN = U67120TG1998PTC030518

Company & Directors' Information:- E K HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040323

Company & Directors' Information:- N R HOLDINGS PVT LTD [Strike Off] CIN = U67120WB1993PTC060077

Company & Directors' Information:- B P A HOLDINGS PVT LTD [Strike Off] CIN = U74990DL1982PTC013326

Company & Directors' Information:- V V HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060480

Company & Directors' Information:- D D B HOLDINGS PVT LTD [Strike Off] CIN = U67120WB1992PTC055592

Company & Directors' Information:- M D HOLDINGS PRIVATE LIMITED [Active] CIN = U67120DL2001PTC111221

Company & Directors' Information:- V H A HOLDINGS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U65993DL2003PTC120147

Company & Directors' Information:- K E F HOLDINGS LTD [Amalgamated] CIN = U67120WB1988PLC045280

Company & Directors' Information:- A P HOLDINGS PVT LTD [Active] CIN = U65993PN1981PTC025915

Company & Directors' Information:- N. R. HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1993PTC140612

Company & Directors' Information:- M B HOLDINGS LTD. [Not available for efiling] CIN = U70109WB1986PLC041226

Company & Directors' Information:- J S R HOLDINGS PRIVATE LIMITED [Active] CIN = U45200KA2006PTC040195

Company & Directors' Information:- K M HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC064343

Company & Directors' Information:- A S H HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL2004PTC125403

Company & Directors' Information:- C M HOLDINGS PVT LTD [Strike Off] CIN = U45203WB1986PTC041627

Company & Directors' Information:- M H HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC067392

Company & Directors' Information:- I K HOLDINGS LTD [Strike Off] CIN = U70101WB1951PLC019703

Company & Directors' Information:- C & R HOLDINGS PVT. LTD. [Active] CIN = U65929WB1991PTC051376

Company & Directors' Information:- J J HOLDINGS LTD [Amalgamated] CIN = U65993WB1980PLC032736

Company & Directors' Information:- K G HOLDINGS PVT LTD [Active] CIN = U65929WB1987PTC042868

Company & Directors' Information:- B & T HOLDINGS PRIVATE LIMITED [Active] CIN = U74920DL2007PTC171796

Company & Directors' Information:- H D HOLDINGS PVT LTD [Amalgamated] CIN = U51109WB1991PTC051415

Company & Directors' Information:- N AND N HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040846

Company & Directors' Information:- M P HOLDINGS PRIVATE LIMITED [Under Process of Striking Off] CIN = U67120DL1997PTC088350

Company & Directors' Information:- B P HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC038274

Company & Directors' Information:- K P R HOLDINGS PRIVATE LIMITED [Active] CIN = U74900TZ2011PTC017467

Company & Directors' Information:- U AND V HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U65999TN2005PTC057659

Company & Directors' Information:- B AND B HOLDINGS PRIVATE LIMITED [Active] CIN = U70101AS1999PTC005674

Company & Directors' Information:- M. G. HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120DL2010PTC198226

Company & Directors' Information:- D G HOLDINGS PRIVATE LIMITED [Active] CIN = U65110DL1998PTC094466

Company & Directors' Information:- I R HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC185743

Company & Directors' Information:- S I HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC186043

Company & Directors' Information:- C J G HOLDINGS INDIA PRIVATE LIMITED [Active] CIN = U70101KL2010PTC038559

Company & Directors' Information:- U P L HOLDINGS PVT LTD [Strike Off] CIN = U67120OR1990PTC002414

Company & Directors' Information:- N N HOLDINGS PVT LTD [Strike Off] CIN = U65999WB1990PTC048493

Company & Directors' Information:- O M K HOLDINGS PVT LTD [Strike Off] CIN = U67120WB1995PTC072914

Company & Directors' Information:- M K HOLDINGS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U65993TN1996PTC036985

Company & Directors' Information:- K I HOLDINGS PVT LTD [Strike Off] CIN = U67120MH1981PTC024069

Company & Directors' Information:- D R HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL1982PTC013031

Company & Directors' Information:- R R HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1983PTC017127

Company & Directors' Information:- G J HOLDINGS PVT LTD [Not available for efiling] CIN = U65993PB1985PTC006327

Company & Directors' Information:- M G L HOLDINGS PRIVATE LIMITED [Active] CIN = U65993TN1994PTC029354

Company & Directors' Information:- K V R HOLDINGS PRIVATE LIMITED [Active] CIN = U65191KA2012PTC063353

Company & Directors' Information:- R N M HOLDINGS P LTD. [Active] CIN = U65921WB1990PTC050174

Company & Directors' Information:- M D HOLDINGS PVT LTD [Strike Off] CIN = U67120CH1983PTC005399

Company & Directors' Information:- R V HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC036577

Company & Directors' Information:- B J HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1982PTC028820

Company & Directors' Information:- R S HOLDINGS PVT LTD [Active] CIN = U70109WB1986PTC040255

Company & Directors' Information:- A D HOLDINGS PVT LTD [Strike Off] CIN = U65993WB1976PTC030525

Company & Directors' Information:- S P HOLDINGS PVT LTD [Strike Off] CIN = U65993WB1988PTC044540

Company & Directors' Information:- R A HOLDINGS PVT LTD [Strike Off] CIN = U70200WB1986PTC040138

Company & Directors' Information:- A HOLDINGS PVT LTD [Strike Off] CIN = U70101WB1962PTC025617

Company & Directors' Information:- K T R HOLDINGS PVT LTD [Strike Off] CIN = U67120WB1993PTC059078

Company & Directors' Information:- B I HOLDINGS PVT LTD [Strike Off] CIN = U65922WB1988PTC043690

Company & Directors' Information:- E TO E HOLDINGS INDIA PRIVATE LIMITED [Active] CIN = U65999KA2008PTC047780

Company & Directors' Information:- M A HOLDINGS PRIVATE LIMITED [Active] CIN = U26106UP2003PTC027990

Company & Directors' Information:- G L HOLDINGS PRIVATE LIMITED [Dormant under section 455] CIN = U74996KA2008PTC044867

Company & Directors' Information:- SHYAM G LTD [Strike Off] CIN = U36911RJ1984PLC002921

Company & Directors' Information:- SHYAM COMPANY LIMITED [Strike Off] CIN = U17111UP1946PLC001423

Company & Directors' Information:- A AND M HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67190TG1995PTC021464

Company & Directors' Information:- K V S HOLDINGS PVT LTD [Strike Off] CIN = U65993WB1993PTC060850

Company & Directors' Information:- V K HOLDINGS PRIVATE LTD [Strike Off] CIN = U27924DL1987PTC027924

Company & Directors' Information:- SHARAD AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U32304DL1990PTC041408

Company & Directors' Information:- Q AND A HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120MH2000PTC127319

Company & Directors' Information:- S K HOLDINGS PVT. LTD [Strike Off] CIN = U99999UP1988PTC010231

Company & Directors' Information:- V A HOLDINGS PVT LTD [Strike Off] CIN = U67120KL1986PTC004442

Company & Directors' Information:- S R HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U65993TN1980PTC008388

Company & Directors' Information:- M T R HOLDINGS PRIVATE LIMITED [Active] CIN = U67110KA2007PTC042600

Company & Directors' Information:- C S A HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U65990MH1995PTC092555

Company & Directors' Information:- K N Z HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120MH1998PTC117331

Company & Directors' Information:- S H HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH2001PTC131041

Company & Directors' Information:- D L HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67100TN2012PTC083929

Company & Directors' Information:- P C T HOLDINGS PRIVATE LIMITED [Active] CIN = U70101TZ2004PTC010971

Company & Directors' Information:- M J P HOLDINGS PRIVATE LIMITED [Active] CIN = U74900TG2015PTC098835

Company & Directors' Information:- P H HOLDINGS PVT LTD [Active] CIN = U67120WB1985PTC039369

Company & Directors' Information:- J D S HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL1993PTC053637

Company & Directors' Information:- M R S HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120DL2001PTC113197

Company & Directors' Information:- J S M S HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U45201DL2002PTC117110

Company & Directors' Information:- R M G HOLDINGS PVT LTD [Active] CIN = U67120MP1987PTC004209

Company & Directors' Information:- B R HOLDINGS PRIVATE LIMITED [Amalgamated] CIN = U74899HR1994PTC064054

Company & Directors' Information:- P R S HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120KA2010PTC052295

Company & Directors' Information:- M AND D HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120MH1981PTC025882

Company & Directors' Information:- A T HOLDINGS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1994PTC057216

Company & Directors' Information:- J AND S HOLDINGS PVT LTD [Strike Off] CIN = U67120RJ1996PTC012114

Company & Directors' Information:- S K V HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U65993DL1981PTC012910

Company & Directors' Information:- S M K S HOLDINGS PVT LTD [Strike Off] CIN = U45400WB1990PTC048498

Company & Directors' Information:- S J P HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U99999GJ1981PTC004682

Company & Directors' Information:- R. SHARAD AND COMPANY LIMITED [Dissolved] CIN = U99999MH1943PLC007451

Company & Directors' Information:- R SHARAD AND CO PVT LTD [Strike Off] CIN = U25199GJ1943PTC000370

    Appeal No. A/14 of 1998

    Decided On, 12 March 2019

    At, Maharashtra State Consumer Disputes Redressal Commission Mumbai

    By, THE HONOURABLE MRS. USHA S. THAKARE
    By, PRESIDING JUDICIAL MEMBER & THE HONOURABLE MR. A.K. ZADE
    By, MEMBER

    For the Appellants: Ashish Pimple h/f Rajeev V. Talasikar, Advocates. For the Respondents: None.



Judgment Text


Usha S. Thakare, Presiding Judicial Member

1. Being aggrieved by the order passed by the learned Additional District Consumer Disputes Redressal Forum, Mumbai Suburban in consumer complaint No. 162/2011 dated 2.8.2014, original opponent Nos. 1 and 2 have preferred appeal bearing No. A/14/998.

2. By the impugned order, the learned District Forum was pleased to allow consumer complaint bearing No. 162/2011 partly which was filed by the respondent/complainant. It was declared that the opponents have adopted unfair trade practice. All three opponents are jointly and severally directed to pay an amount of Rs. 15,000 to the complainant/ respondent towards compensation with interest @ 10% p.a. from the date of filing of consumer complaint till realization of amount. It was further directed to pay an amount of Rs. 5,000 to the complainant/respondent towards costs of litigation.

3. Facts giving rise to present appeal in short are as under:

Complainant Shyam Sharad Gumte is resident of Goregaon, Mumbai. He claims himself to be consumer of opponents. M/s. Pepsi Co India Holdings Pvt. Ltd. is the manufacturer of cold drinks. Opponent No. 1 is the Chairman and Managing Director of M/s. Pepsi Co India Holdings Pvt. Ltd. Opponent No. 2- Smt.Shirin V.S. works as a Manager at M/s. Pepsi Co. India Holdings Pvt. Ltd. Opponent No. 3- Shiv Shankar Sharma runs Society Medical and General Stores shop bearing Nos. 6 & 7 at Jogeshwari (East), Mumbai. The complainant is an Advocate by profession. On 31.12.2008, complainant had purchased two bottles of cold drinks and some medicines from the opponent No. 2 for an amount of Rs. 110. The complainant had purchased cold drinks for the celebration of New Year party. He had invited guests and children for New Year party. He found that there were some foreign particles (fungus) in the bottle of cold drink Leher Pepsi. Complainant had been to opponent No. 3/ dealer and lodged his complaint. He had requested opponent No. 3 to change the bottle of cold drink Pepsi. However, opponent No. 3 refused for the same. Complainant was abused and threatened by opponent No. 3. Therefore, complainant had lodged complaint in police station. At police station, non-cognizable offence was registered. The complainant had brought sale of unfit and defective product to the knowledge of opponent Nos. 1 and 2 by sending notice. However, the opponents refused to accept the notice. It is alleged by the complainant that cold drink was not distributed to the children on seeing foreign particles inside the Pepsi bottle and, therefore, unwanted unforeseen incident could not occur. Opponent Nos. 1 and 2 are the manufacturers of cold drink Pepsi. They have manufactured the cold drink, which is not fit for human consumption. The product manufactured by opponent Nos. 1 and 2 was duplicate. Complainant is entitled for claiming compensation. Therefore, complainant had filed consumer complaint before the learned District Forum and claimed an amount of Rs. 10 lakh towards compensation and amount of Rs. 25,000 towards costs of litigation.

4. Opponent Nos. 1 to 3 have resisted the claim by filing independent written statements. Opponent Nos. 1 and 2 have submitted that consumer complaint is not maintainable. Complainant cannot be said to be consumer of opponent Nos. 1 and 2. He has no right to claim compensation from the opponents. The cold drink in the bottle purchased by the complainant was not consumed by the complainant or by anyone. Therefore, there is no question of causing any injury, hurt or damage. The complainant does not establish that the cold drink in the bottle purchased by the complainant was manufactured by opponent Nos. 1 and 2. Opponent No. 1 is a reputed company. The product prepared by opponent No. 1 passes through various tests. It is impossible to send cold drink to the retailer having foreign particles/fungus. The bottle of the cold drink was lying for long time. Therefore, there was a possibility of formation of fungus. Complainant is not entitled for any compensation. It is possible for the consumer to tamper with the product of the cold drink. Consumer complaint is filed with a view to extract amount and it is liable to be dismissed with costs.

5. Opponent No. 3 admits that on 31.12.2008 complainant had purchased bottles of cold drinks and medicines from his shop. Opponent No. 3 submits that on 31.12.2008 complainant had purchased two bottles of Pepsi vide receipt No. 12817. However, he denies that duplicate bottles of cold drink Pepsi were sold to the complainant. It is submitted that on 23.12.2008 opponent No. 3 had purchased bottles of cold drinks from opponent Nos. 1 and 2. However, there was no defect in the bottles of cold drink sold to the complainant. He also states that consumer complaint is liable to be dismissed as it is false.

6. Complainant/respondent led his evidence by filing affidaivt. Along with affidavit he had filed bill of purchase, photographs of bottles showing foreign particles, copy of report filed with police station and copy of notice sent to opponent Nos. 1 and 2. Opponents have filed affidavit of evidence along with various rulings. During pendency of consumer complaint disputed bottles of cold drink were sent for chemical analysis. Report was filed by the analyst and it was included in compilation.

7. Both the parties had filed brief notes of arguments. After considering the evidence, documents and the arguments filed on record, Learned District Forum was pleased to allow the consumer complaint partly. Being dissatisfied with the decision, original opponents are before us in this appeal.

8. Heard learned Counsel Mr. Ashish Pimple for the appellants. No one appeared on behalf of respondents to argue the matter. Original opponent No. 3/dealer has not filed any appeal to challenge the decision.

9. Learned counsel Mr. Pimple vehemently urged that the order passed by the learned District Forum is illegal and incorrect. It is against the facts and merits of the case. Learned District Forum committed an error while appreciating the evidence on record in its proper perspective. Learned District Forum failed to appreciate that bottle of cold drink Pepsi was not sent to the approved laboratory for testing. There is inordinate delay in sending disputed bottle of Pepsi to the analyst for analysis. Possibility to tamper with contents of bottle cannot be ruled out. Apart from that cold drink was not consumed by the complainant or his family members or invitees and therefore, no damage was caused to the health of anyone. In fact, consumer complaint was not tenable for want of any damage. The documents on record create doubt whether same bottle was sent for chemical analysis as the batch number on the report of the analyst and batch number mentioned in the consumer complaint do not tally with each other. Report of the public analyst is not of any use to complainant/respondent. Under these circumstances, learned District Forum should have dismissed the consumer complaint with compensatory costs. Learned Counsel has requested to set aside the illegal order by allowing the present appeal to avoid injustice, particularly, when there is no evidence to show that appellant manufacturer adopted unfair trade practice.

10. By keeping in mind all these facts let us proceed to appreciate the evidence on record.

11. Appellants/opponents challenged maintainability of consumer complaint by submitting that original complainant is not a consumer. Respondent No. 1/complainant did not purchase bottles of cold drink manufactured by the appellants. As such respondent No. 1 is not a consumer. Learned District Forum should have dismissed the complaint by holding that consumer complaint is not maintainable. Respondent No. 2-Shiv Shankar Sharma, Society Medical and General Stores is a retailer. It is evident from the documents and affidavit of evidence that respondent No. 1/complainant had purchased from respondent No. 2 on 31.12.2018 two bottles of cold drink and some medicines on payment of Rs. 110. Respondent No. 2 never denied this fact. Complainant/respondent No. 1 filed on record bill issued by respondent No. 2 dated 31.12.2018 and photographs of sealed bottle of cold drink Leher Pepsi. Present appellants/original opponent Nos. 1 and 2 are the manufacturers of cold drink Pepsi. There is sufficient evidence and documents on record to show that respondent No. 1 bought the bottles of cold drink from respondent No. 2 and the same is not denied by respondent No. 2. The learned District Forum considered the evidence on record and considered the objections raised by the appellants/opponents and arrived at proper conclusion to hold that the complainant/ respondent is a consumer. Respondent No. 1 raised the issue that bottles of cold drink sold to the complainant were duplicate. Cold drink was unfit for human consumption and, as such, original opponents have adopted unfair trade practice. The nature of allegation was that there is a consumer dispute between the parties. Complainant/respondent is a consumer. Original opponents are service providers and consumer dispute is maintainable before the learned District Forum. In view of this discussion, we do not find any substance in the arguments advanced on behalf of the appellants that consumer complaint was not maintainable before the learned District Forum. We uphold the view taken by the learned District Forum.

12. Complainant/respondent purchased the bottles of cold drink for the programme at his house. The programme was arranged to celebrate the New Year party. Some guests with children were invited for the party. However, foreign particles/fungus was noticed in the bottle. The bottle was sealed bottle and foreign particles can be seen by naked eyes. The conduct of respondent No. 1was that he rushed to the retailer’s shop of respondent No. 2 for change of bottle of cold drink. Respondent No. 2 refused to change the bottle of cold drink. Hot altercations were taken in the shop. Complainant/respondent was constrained to file report in police station. At police station non cognizable offence was registered against respondent No. 2. Complainant/respondent is a lawyer by profession. Certainly, no prudent person will raise objection without any reasons. He raised objection about bottle of cold drink on seeing the foreign particles and also lodged police report against respondent No. 2 when his request was not considered by respondent No. 2. There was no reason for the complainant/ respondent to extract the monies from original opponents, particularly, when purchase was only for the amount of Rs. 110. During pendency of trial, disputed bottle of cold drink was sent to the Government Laboratory for analysis through learned District Forum. Report of Analyst supports the case of complainant/respondent. Report is at ‘Exhibit D’ page 73 of compilation. For analysis, Public Analyst arrived at the conclusion that sample of Sweetened Carbonated water (Lehar Pepsi) content unidentified suspended matter hence it contravenes Section 2(ia) Sub-section (e) of Prevention of Food Adulteration Act, 1954 and unfit for human consumption. Report of Public Analyst dated 15.2.2010 clearly establishes that the purchased cold drink was unfit for human consumption.

13. Appellants have raised several objections pertaining to the report issued by the Public Analyst. It is urged that the bottle in question was allegedly purchased by the complainant/respondent on 31.12.2008. The bottle in question was allegedly manufactured on 10.12.2008. It was best before date of these products manufactured by opponents/appellants within three months from the date of manufacture. After the expiry of three months the product deteriorates quickly as gas in the bottle escapes and product comes in contact with air outside. Also the bottle in question was in possession of complainant for a long time and therefore, the opponents apprehend that the bottle in question must have been tampered with. It is also alleged that the laboratory where the sample was sent, is not the authorized laboratory. In the Laboratory report Batch number is mentioned as 1012 and in the complaint the Batch number is mentioned as 101208/18.44 B 101. Therefore, both batch numbers are not the same but different. Therefore, reliance cannot be placed on the said report. Document ‘Exhibit D’ shows that the report was given by Food Testing Laboratory, Mumbai-400 051. Sample was sent by the Registrar of learned District Forum. Laboratory where the sample was sent is a Government Laboratory. In Section 2(1)(a) definition of appropriate laboratory is given, which is as under:

“appropriate laboratory” means a laboratory or organisation—

(i)recognised by the Central Government;

(ii)recognised by a State Government, subject to such guidelines as may be prescribed by the Central Government in this behalf; or

(iii)any such laboratory or organisation established by or under any law for the time being in force, which is maintained, financed or aided by the Central Government or a State Government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect.

14. The Food Testing Laboratory, Mumbai is established under the law and as such, it is an appropriate laboratory. We are of the view that report issued by the laboratory is binding on the parties.

15. It is true that description of the bottle sent for analysis is mentioned in the report. Said description tallies with the description mentioned in the complaint. The description of the bottle is given on the basis of the labels, which is as under:

Label (i) On Plastic Bottle:

(a)Name : Leher Pepsi (Sweetened Carbonated water)

(b)Ingredients : Natural colour (150d) and flavours-Natural flavouring substances, contains no fruit, contains caffeine, quantity added sugar 10 gm per 100 gm.

(c)Manufacturer : pepsico India Holding Pvt. Limited, Off Sion-Trombay Road, Chembur, Mumbai-88

(d)Net weight/content : 2.0 litres

(e)Batch No. :1012

(f)Mfg date: 10.12.08

(i) Best before-3 months from date of Packaging

(ii) Label on Plastic lead : CDV 4051, FPO 730

Pepsico India Holding Pvt.Limited, Off Sion-Trombay Road, Chembur, Mumbai-88

16. In consumer complaint or in notice, detailed batch number is given. But in the report batch number is shown as ‘1012’. So whole batch number is not written in the report. But it appears that only last 4 figures of batch number are mentioned. However, after considering the manufacturing date on plastic bottle and label on plastic lid, we find no hesitation to hold that the bottle purchased by the respondent/complainant was sent for analysis. However, there is delay in sending the bottle of cold drink for analysis but delay does not appear to be fatal. It is observed by Public Analyst that seal of the bottle was intact. It is nowhere observed that the contents of the bottle were unfit for analysis. As such, objection raised by the appellants does not hold good.

17. The cold drink was analysed by the Public Analyst by keeping in view the provisions of Food Adulteration Act, 1954.

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To impose punishment under Food Adulteration Act, 1954, all technicalities are to be fulfilled. Here we are dealing with the case in a quasi civil matter as per provisions of Consumer Protection Act, 1986. We are dealing with the matter as quasi judicial authority. The learned District Forum after considering the rulings relied upon by the appellants/opponents properly arrived at the conclusion that cold drink bottle purchased by the complainant was unfit for consumption due to presence of foreign particles/fungus and said report had binding effect. The learned District Forum rightly discussed the rulings relied on by the appellants. Complainant/ respondent after purchase of cold drink bottle immediately noticed foreign particles. It is duly proved by the respondent on the basis of report of Public Analyst that purchased bottle of cold drink was unfit for consumption. Fortunately, the cold drink was not consumed by the children, invitees or by the family members of the respondent/complainant and, therefore, injury to health was not occurred. However, complications might have been arisen on consumption of unfit cold drink. Only because no injury was caused to the family members of the complainant or invitees, it cannot be said that complainant/respondent is not entitled for claiming compensation. With this view, we hold that the order passed by the learned District Forum is just, legal and correct. It requires no interference. As a result, appeal deserves to be dismissed. Hence, we pass the following order: ORDER 1.Appeal is dismissed. 2.No order as to costs. 3.Copies of the order be furnished to the parties. Appeal dismissed.
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