M.THANIKACHALAM J. - (1.) The 3rd opposite party in OP.358/2003, on the file of the District Consumer Disputes Redressal Forum, Coimbatore, unable to digest the order of the District Forum, wherein, a direction has been given to pay a compensation of Rs.20,000/- has challenged the same in this appeal.
(2.) The complainant/first respondent had purchased two Miranda pet bottles from the first opposite party-retail seller, supplied by the Agent/second opposite party, manufactured by the third opposite party on 8.5.2003. One of the two Miranda bottle contained dirty articles and on seeing the same, the complainant became allergic and bed ridden, which had happened due to the gross negligence of the opposite parties, even causing mental agony. Therefore, claiming compensation for selling adulterated Miranda unfit for human consumption, a legal notice was issued, quantifying the compensation at Rs.5 lakhs, not paid and therefore, seeking a direction against all the opposite parties to pay the compensation of Rs.5 lakhs, a consumer complaint came to be filed before the District Forum.
(3.) The third opposite party, questioning the status of the complainant as consumer as well disputing the alleged purchase, resisted the complaint, inter alia, contending that the Miranda said to have been purchased by the complainant were not manufactured by them and if at all that should be spurious one, initiated due to business rival that since they have not manufactured the alleged Miranda, which is subject matter of the complaint, they are not liable to pay any compensation, praying for the dismissal of the case.;