Chennai: The District Consumer Dispute Redressal Forum, Chennai (South), has imposed a fine of Rs 20,000 on a soft drink major for manufacturing contaminated soft drink. The forum has also directed the firm to refund Rs 24 paid towards purchasing the soft drink bottle. In the petition, K.B. Saravanakumar, Arappalayam Cross Road, Madurai, submitted that he purchased 600 ml Sprite bottle for Rs 24 from Lalithas medical and general stores, opposite Egmore railway station on October 16, 2010. Later, he proceeded to Madurai. On the way, he found that the carbonated drink contained a decomposed dead housefly.
He contacted proprietor of the shop by telephone and informed him about the foreign material in the bottle. As there was no response, he sent notice to the general manager, Hindustan Coca-Cola Beverages, the manufacturer of the drink and shop owner. He said the act of the soft drink major and proprietor of the shop amounts to deficiency in service and caused him mental agony. He sought a compensation of Rs 9 lakh and refund of Rs 24 from them.
In its reply, general manager, Hindustan Coca-Cola Beverages, submitted that the complaint was absolutely baseless on the merits and require no consideration. It was not maintainable under the provisions of the Consumer Protection Act 1986. The chemical analysis report cannot be relied upon in this case. The bench comprising president M. Mony, members K. Amala and Dr T. Paul Rajasekaran said this forum after hearing both the parties passed ordered to send the sprite bottle for chemical analysis to government analyst, Food Analysis Laboratory, Guindy. The report dated November 22, 2012, stated that “this sample found to be an ‘unsafe food’ under Regulation 3 (1) (zz) (ii) & (x) of the Food Safety And Standards Act, 2006, since it contains a dead house fly which is not permitted in this food”.
The bench said the report confirmed the foreign material. Considering the facts and circumstances, this forum directs the firm and shop owner jointly and severally liable to refund Rs 24 towards the cost of the sprite bottle and pay a compensation of Rs 20,000 for causing him mental agony and cost.
