Chennai: Soft drink major, canteen owner to pay compensation of Rs 55,000

Petitioner E. Nehru of Foreshore Estate said he was working in ING Vysya bank as a sales executive and would often buy cool drinks and snacks from the canteen at St Bede’s Matriculation Higher Secondary School.

His friend Vinoth, who came to see him in the office located near the canteen, ordered two 200 ml Pepsi bottles from the canteen. Soon after drinking the cool drink Vinoth started vomiting.

Nehru found an insect in the bottle and immediately informed canteen owner S.K. Shankar. He also told the canteen not to sell any drinks to students. Shankar also alerted the state distributor of Pepsi and customer relations head immediately.

Meanwhile, Nehru went to court stating that the chief executive officer, Pepsi Foods Private Limited, Gurgaon, manager (M/s. Pepsico India Holding Pvt. Ltd., Mylapore) and Shankar had not done their jobs well and caused him mental agony. He sought a compensation of Rs 15.50 lakh from them.

In their reply, chief executive officer and manager submitted that the complaint was not maintainable since the firm was not manufacturing any carbonated beverage.

It further said that the CEO should be exonerated from the proceedings without going in to the merits of the complaint and that the complainant filed the petition with an ulterior motive. Shankar remained exparte.

The bench, comprising its president B. Ramalingam and member K. Amala, said that as per the report of Food Analysis Laboratory at King Institute Campus in Guindy, the bottle consists of decomposed or diseased animal or vegetable substance. It was deemed to be unfit for human consumption.

“The canteen owner, who sold the soft drinks, had not taken due care to check it at the time of selling it. As such, they had committed gross negligence in manufacturing as well as selling the said soft drink. They are jointly and severally directed to pay a sum Rs 50,000 as compensation and Rs 5,000 for cost”, the bench said.