State Consumer Disputes Redressal Commission
M/S. Smv Beverages Pvt. Ltd., vs Sri Dayanidhi Das, on 3 June, 2022
A CK* 0
BEFORE THE CONSUMER DISPUTEREÓRESSAL COMMISSION
ORISSA, CUTTACK
FA No. Y 2012
In the matter of Anappication u/s 15 of the C.P Act 1986
AND
In the mater of- M/s. SMV Beverages Pvt. Ltd.
formerly known as M/s. Tripty Drinks Pvt. Ltd.,
At/P.o- Jagatpur, Dist- Cuttack represented through its
Geneal Manager ( Finance) ... Appellant
(Opp. Party No.3 in the Forum below)
-Versus-
Sri Dayanidhi Das,
Slo. Sri K. C. Das,
At- Parabeda, P.o/ P.s - Jeyporé Town,
Dist Koraput Respondent
(Complainant in the Forum below)
AND
1.M/s. Patra General Store Proprietor Simanchal Patra, Infront of Block Office, Parabeda, P.o/P.s- Jeypore, Dist Koraput
2. Satyam Enterprises, Distributor of Pepsi Co., At-Backside of Hindustan Sales,Gandhi Chowk, Jeypore, Dist- Koraput . Proforma Respondents (Opp. Party No. 1 & 2 respectively in the Forum below ) Date of Office note as to action (if any).
ORPER WITH SIGNATURE taken on Order
of Order Order
E.A.829/2012
03-06-2022 | In pursiance of the notice of this Commission
the Complainant/Respondent is
ated02-05-2022,
present in person and Learned Counsel Mr Santosh
Kumar Mishra and Prasenjit Sinha appeated on behalf of the Appellant and filed V.Nama which is kept in record.
Respondent/Complainant purchased a Pepsi cold drink bottle from the shop of the Opposite Party No.1 and paid Rs.10/-(Rupees ten)only Whilelhe attempted to .
open the seal of the bottle for consumption he noticed one gutkha setchet floating in side the bottle which is olearly visible to the necked eyes with out consuming the same, the Respondent /Complainant asked the Opposite Party No.1 about the unfair trade practide and filed the Çonsumer Complaint before Learned Dist. Consumer pisputes Redressal Forum, Koraput at Jaypore claiming efund of Rs.10/- with interest towards|the cost of the product and Rs.30,000/-(Rupees thirty thousandd thousand)only towards compensation nd Rs. 5,000- (Rupees five thousand)only towards legal expensi At - Backside of tlintuctan 2 S No Date of Office note as to action (if any), ORDER wITH SIGNATURE Order Order taken on Order On receipt of the notice, the Opposite Party No.3 nof appeared before the Dist. Consumer Dispute Redressal Commission, Koraput at Jaypore as such Ppposite Party No3was set ex-parte on Dt.07-09-2012. in After hearing the Complaint petition, Learned District Consumer Disputes Redressal Commission directed Opposite Party No.3/Appellant to pay Rs.20,000/ towards compensation an Rs.1,000/ (Rupees one thousand)only towards cost to the Complainant within 30 days from he date of corpmunication of the said Order failirng which the awarded amount shall carry interest 12%(twelve perpent) per annum from the date of saic Orler.
Challenging the said Order ' the Appellant has filed this Appeal, stating that, the Complajnant is not a consumer and the Forum below should have sent the Pepsi cold drink bottle to appropriate Laborätory for testng and learmed Forum below has not atopted proper procedure to resolve the dispute as the l¢arned Forum below has passed the impugned order wit out adopting proper procedure, the impugned order is liable to be set aside.
OGP-MP-CTCP (FS&CW) 2-1,00,000-29-6-2020 SI. No Date of of Order Order ORDER wITH SIGNATURE Office note as to action (if any).
taken on Order During the course of hearing the Respondent and Iearned Counsel for the Appellant obtaining instruction tom Appellant , and suggested thisCommission to qispose of the matter as per the settlement. As per their settlement the Respondent/Complainan is ready to eceive Rs.10,000/- towards compensation from thee Appellant and accordingly filed a memo requesting the ompensation amount Rs.10,000/- be deposited in his account. Memo dated 03-06-2022 of Respondent/Complainant be kept in recotd.
In view of such fact, we directed the Appellant to pay Rs.10,000/-(Rupees ten thousand)only towards Fompensation and litigation expenses to the Complainant fowards full and final settlement of the claim of Respondent/Complainant with-in thirty day from the date f receipt of this Order and further direqted to deposit the awarded amount in the accountof Respondent/ Complainant with-in thirty days of receipt of this Order and shall file the relevant documents showing deposit of such amount in the account of Complainant/Respondent before this Commission. On payment of aforesaid amount the proceeding if any pending before Learned Forum below stand dropped.
2. CON ( 5 Pla neni PePon
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