A.K.ANNAMALAI, J. - (1.) Opposite party is the appellant.
(2.) The Respondent/complainant filed a complaint against the opposite party before the District Forum, claiming for repayment of Rs.15/- for the purchase of Pepsi drinks for the defective drink and for Rs.1,00,000/- towards compensation for mental agony with cost for Rs.1,000/-.
(3.) The brief details of the complaint are as follows :- The complainant has purchased 500 ml Pepsi Mountain dew bottle on 17.4.2003 from the Hosur Bus stand shop. But he was shocked to find a foreign body in yellow colour floating inside the bottle. The complainant thereafter sent a notice to the opposite party which is enclosed a photo copy of the said bottle for the manufacturer of the bottle and asked for explanation from the opposite party. The notice sent also to the Health Inspector of Hosur Municipality, zonal Director, Chennai, Indian Quality Control Board and other concerned parties. The notice received by the opposite party no reply forth coming but threats came against the complainant. To the reply of the opposite party, the complainant sent a rejoinder dated 30.5.2003 seeking explanation from the opposite party within 15 days. Thereafter, one Mr.Guraraj , Incharge of Quality Control Department of the opposite party company came and inspected the Pepsi bottle which was in the possession of the complainant. But till now no reply or response is forthcoming from the opposite party. The opposite party committed deficiency of service by marketing and selling defective and adulterated drink endangering the health and life of the public similar the complainant. The complainant is producing the Pepsi mountain Dew bottle with a foreign matter/object floating inside to the court along with the complaint. Hence direction sought directing the opposite party to repay a sum of Rs.15/- paid by the complainant towards purchase of Pepsi bottle and directed to pay Rs.1,00,000/- towards compensation for mental agony with a cost of Rs.1000/-.;