A.K.ANNAMALAI, J. - (1.) Unsuccessful complainant is the appellant.
(2.) Appellant/Complainant filed a complaint against the opposite parties claiming a sum of Rs.1,00,000/- as compensation for mental agony, pain and sufferings for the supply of soft drink containing foreign material and for costs.
(3.) The complainant working as an employee in Muthu Wines at Thiruvottiyur on 13.6.03 purchased two bottles of Pepsi soft drink for a sum of Rs.20/- supplied by the 2nd opposite party to his wine shop from where he has purchased. On reaching his residence he consumed one bottle of the soft drink he sensed different taste and on consuming almost of the drink he found some solid material in the bottle and immediately he spat out the drink from the mouth and on seeing the materials appeared to be broken parts of the some organism. When he has examined the contents of the 2nd bottle in which also found identical contents of dead organism and he sealed the bottle for preservating and he had began to feel dizzy he rushed to the private doctor who had treated him for food poisoning and bed ridden for 4 days from 13.6.03 to 16.3.03, by spending Rs.5,070/- as medical expenses. Then he sent legal notices to the opposite parties claiming compensation 1st opposite party gave unsatisfactory reply and 2nd opposite party did not reply. 3rd opposite party is the authorized distributor of the 1st opposite party and to various shops to other localities. Hence the complainant has come forward with the consumer complaint claiming with the reliefs as above.;