M. THANIKACHALAM, J. - (1.) The third opposite party is the appellant.
(2.) On 20.12.2005, the complainant purchased a Mini Fanta Cool Drink from the first opposite party-retailer, manufactured by the third opposite party, marketed through the second opposite party-dealer, by paying a sum of Rs.6/-. At the time of attempted to open the soft drink, the complainant noticed, a full old rusted blade, inside the bottle and on seeing the same, he did not open the seal of the bottle, exposing the defect, to the first opposite party. Because of the contaminated soft drink sold by the first opposite party, the complainant insisted to issue a bill, which he refused. The opposite parties, marketing this kind of contaminated soft drink, which contained blade, creating hazardous to human life, they have committed unfair trade practice, and deficiency in service. The second opposite party negotiating with the complainant, insisted to surrender the bottle, which he refused. For the deficiency committed by the opposite parties, in selling this kind of contaminated Fanta, legal notice was issued, claiming compensation of Rs.3 lakhs, for which, there was no reply, though notices were served, thereby showing further carelessness, confirming marketing this kind of soft drink. Thus alleging deficiency, a consumer complaint was filed, claiming a sum of Rs.3 lakhs, in addition to, seeking a direction for replacement, the return of the value with other reliefs.
(3.) The first and second opposite parties remained exparte.;