HINDUSTAN COCA COLA BEVERAGES PVT. LTD. vs RADHA

THIS appeal has been preferred by bottlers M/s. Hindustan Coca Cola Beverages Pvt. Ltd., against order dated 29.12.2000, passed by District Forum-IV, Nand Nagari, Delhi whereby it was held jointly and severally responsible for deficiency in service in its capacity as the bottler of the drink named Coca Cola inasmuch as that spurious or drink with bad odour was supplied to the respondent through its distributor. Before the learned District Forum, the appellant was proceeded ex parte and now has chosen to file the appeal against the impugned order which has directly effected it. Respondent/complainant, is small time vendor engaged in the sale of tea, coffee in the campus of Bunkar Vihar Complex.

PUT briefly facts are that the respondent/complainant purchased one carat of cold drink from M/s. Salman Cold Drinks, respondent No. 1 on 28.5.1999 for the value of Rs. 192/- vide receipt No. 655. One of the customers who purchased the drink from the complainant/respondent complained about its being spurious/adulterated and having bad odour and taste. The complainant/respondent took up the matter with M/s. Salman Cold Drinks but they could not offer any explanation and refused to compensate her for the loss of her livelihood as in future no person would purchase the drink from her. It is pleaded by the appellant that M/s. Salman Cold Drinks normally deals in Pepsi drinks and, therefore, in the absence of evidence that Salam Drinks had purchased Coca Cola from the appellant as distributor, complainant/respondent is not entitled for any compensation from the appellant. By taking such a plea, the appellant has landed itself on a sticky wicket as in that case the appellant will be indirectly disowning the bottling of coca cola drink. The fact that bottles were carrying Coca Cola brand and there was no action taken by the appellant in the past against the spurious bottlers cannot abjure the appellant from the responsibility of being the bottler of the brand. Mere assurances and putting notices in the newspapers is not sufficient until and unless some curative actions are taken against the spurious bottlers/fake bottlers.

The complainant is a sort of small victualler earning her livelihood through selling tea, coffee, cold drinks and has, therefore, faced very awkward situation when her customers not only accused her but also abused her for having sold fake and bad adoured drink. On this account she has suffered losses in her livelihood and reputation through the sale of these articles. In order to restore her reputation as a small time vendor she was forced to seek the instant remedy.

BEING the bottler of the drink, the appellant is the main culprit and has, therefore, been rightly held to be jointly and severally liable for the deficiency in service. However, the amount awarded by the learned District Forum with regard to loss of reputation of the complainant appears to be on the higher side. Interest of justice would be met, if the awarded amount of Rs. 15,000/- is reduced to Rs. 10,000/-. The amount of cost of litigation awarded by the learned District Forum will remain the same. In view of the aforesaid reasons, the appeal, filed by the appellant, is dismissed with modification in the amount of compensation for loss of reputation and earnings. A copy of this order, as per the statutory, requirements, be forwarded to the parties, free of charge and also to the concerned District Forum and thereafter the file be consigned to the Record Room. Appeal dismissed.