National Consumer Disputes Redressal
Amit Swami vs Coca Cola India Ltd. And Ors. on 28 February, 2007
Equivalent citations: II(2007)CPJ256(NC)
ORDER
K.S. Gupta, J. (Presiding Member)
1. Reliefs as at A and B claimed in the complaint which are relevant on pecuniary jurisdiction, run as under:
A. Grant compensation to the tune of Rs. 2,00,00,000 (Two crore only) for the mental agony, shock and physical hardships caused to the complainant and his family members;
B. Levy a penalty of Rs. 3,00,00,000 (Three crore only) to he deposited in consumer welfare fund or any other fund against the company/opposite party for-
(i) selling the spurious drinks in India and causing deficiency in service as was the implied statutory liability and the duty cast upon them;
(ii) misleading the public at large by assuring the public about the purity of the soft drink, which is totally illusionary and meant to misguide and misrepresent to the public about the purity, whereas the factual position is something different.
2. Complaint has been filed, inter alia, alleging that Hindustan Coca Cola Beverages Pvt. Ltd./opposite party No. 2 is the bottling plant working under the supervision of Coca Cola India Ltd./opposite party No. 1. Coca Cola Company/opposite party No, 3 is the parent company of opposite party No. 1. All the three are engaged in manufacturing, filling, distribution and marketing products under the brand name of "Coca Cola". On 17.10.2006 the complainant purchased some biscuits, namkeen, juices and three bottles of Coca Cola for consumption from opposite party No. 7. On 12.12.6 when the son of complainant demanded cold drink the complainant found the presence of fungus in one of the bottles purchased from opposite party No. 7. Consumption of the contents of that bottle could take away the life or vision or could bring a major defect in the body. It was further alleged that the opposite parties through advertisements are claiming that coca cola is 100% pure and every bottle of coca cola passes through 400 tests conducted for purity by the company. Presence of fungus clearly shows that the opposite parties are not maintaining high standards of hygiene as claimed. Complainant has sought the said reliefs along with some other reliefs which need not be referred to here.
3. Coming to aforesaid relief A, it is admitted by the complainant that the contents of the bottle allegedly containing fungus was not consumed either by him or any of his family members. Claim of Rs. 2 crores for alleged mental agony, etc. allegedly suffered by the complainant is obviously wholly imaginary.
4. As regards relief B above, 'Consumer Welfare Fund' has been established under Section 3 of the Consumer Welfare Fund Rules, 1992 framed in exercise of the powers conferred by Sub-section (2) of Section 37 read with Section 12 D of the Central Excise and Salt Act, 1944 and the same reads as under-
There shall be established a Consumer Welfare Fund with the Central Government into which credits of amounts of duty and income from investment along with other monies specified in Sub-section (2) of Section 12 C of the Central Excises and Salt Act, 1944 (1 of 1944) shall be accredited, Provided that any amount having been credited to the Fund is ordered or directed as payable to any claimant by orders of proper officer, appellate authority or Court, shall be paid from the fund.
5. Reliefs which may be granted by this Commission and for that matter by the State Commission and District Forum are enumerated in Section 14 of the Consumer Protection Act, 1986. Obviously, this Commission cannot pass any order for levy of penalty of Rs. 3 crore for being credited in Consumer Welfare Fund. Said two reliefs have been sought only with a view to bring the complaint within the jurisdiction of this Commission which has pecuniary jurisdiction above Rs. 1 crore. Provision of Order 7 Rule 10, CPC does not apply to Consumer Fora. Complaint is, thus, disposed of with liberty reserved to the complaint to file complaint on same cause of action by suitably reducing the amount of compensation before an appropriate forum.