- (1.) THIS appeal is directed against the order dated 29.7.2006 passed by the District Consumer Forum, Haridwar, allowing the consumer complaint No. 342 / 2002 and directing the opposite parties (appellant and respondent No. 2 in this appeal), to pay a compensation of Rs. 20,000 to the complainant and to deposit a sum of Rs. 1,80,000 in Consumer Welfare Fund.
(2.) THE facts of the case, as stated in the complaint, are that the complainant, who is an Advocate by profession, on 11.6.2002, purchased a 300 ml. bottle of Marinda from opposite party No. 2 after paying the consideration amount of the same. The complainant saw some foreign material in the bottle and paid a sum of Rs. 10 to the seller and obtained the receipt of purchase of the bottle. In the bottle, there was lot of foreign material and the complainant felt that if he would have consumed the liquid lying in the bottle, he could have died. Alleging unfair trade practice and deficiency in service, consumer complaint was filed by the complainant before the District Consumer Forum, Haridwar, which was allowed per impugned order as stated above. Aggrieved by the said order, General Manager, Marinda has filed this appeal.
(3.) NONE appeared on behalf of the respondents. We have heard the learned Counsel for the appellant and perused the material placed on record in the light of the legal aspects of the case. Generally, cash memo / bill or receipt is not issued in respect of such petty purchases, but such a receipt can be issued if the glass bottles are taken to home. In such cases, the receipt is either taken back or a note with regard to refund of the security amount is endorsed on the receipt. In the case of the complainant, the seller had neither taken back the receipt, nor he had put a note with regard to the refund of the security amount. It is immaterial as to when the bottle was sent to the Public Analyst and when the report was received. On the basis of the facts as stated above, we have reasons to believe that the same unopened bottle had undergone laboratory test and it was confirmed that it contained contaminated liquid, which was injurious to health.;