PEPSICO INDIA HOLDINGS PVT LTD Vs. HOTEL PRATAP

JUDGEMENT

(1.) Learned counsel for the petitioner present. Despite service upon the respondents, none has turned up on their behalf, even after receiving litigation charges by respondent/complainant in the sum of Rs.6,000/-. The respondents be proceeded against ex parte.

(2.) Arguments of learned counsel for the petitioner heard on merits. The complainant, Pratap Hotel is run by its proprietor, Shri Popatrao Sampatrao Gaware at Dhangarwadi, Ahmednagar, Aurangabad Road. The hotel provides vegetarian and non-vegetarian meals, snacks, soft drinks to its customers. The case of the complainant is that he is running hotel for livelihood of himself and his family members. On 7.4.2003, the complainant purchased two crates of 300 ml. Pepsi bottles for Rs.348/- from J. S. Marketing, respondent No. 2, who is the distributor of Pepsi bottles. This is an indisputable fact that respondent No. 2 is authorized dealer of M/s Pepsico India Holdings Pvt. Ltd, opposite party No. 1.

(3.) According to the petitioner, on 8.4.2003, a tourist bus had come to his hotel. They placed an order for 40 pepsi bottles. After consuming the same, one of the customers placed another order for one more bottle of Pepsi. While the bottle was opened, it transpired that the said bottle contained 'Goa Ghutkha Pouch'. The tourist made a complaint about the contents of the bottles. It appears that he made an oral complaint since no written complaint saw the light of the day. The name of the customer was also withheld. The antecedents of 40 tourists were never disclosed. It was not stated in which bus they arrived at the hotel. There is no other witness except the complainant himself. No report with the police was lodged. No media persons were called to show this deficiency on the part of the petitioner/opposite party No. 1. However, the complainant filed a complaint before the District Forum and demanded an amount of Rs.4,80,000/- towards compensation and costs of Rs.1000/- and Rs.10,000/- as mental agony.