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Apr 28, 2006
Dead insects in bottle, Coca Cola fined Rs 1.2 lakh
Friday April 28 2006 20:23 IST
PTI
NEW DELHI: In yet another “eye-opener” judgement, Coca Cola was on Friday ordered by a city consumer court to pay over Rs one lakh after a man found dead insects in an unopened bottle of “Sprite” advertised as the company’s top product in the soft drink market.

“It seems that giant companies have only focussed their eyes on their one-point programme - make money. For that end they will even play with the public’s health,” district consumer redressal forum (North) comprising president K K Chopra and members R K Prabhakar and Neeru Mittal said.

The complainant had registered the case against Coca Cola Company, Atlanta, USA; Hindustan Coca Cola Manufacturing Co Pvt Ltd; local manufacturer Moon Beverages Ltd and Suri Cold Drink, the retail outlet from which the complainant had purchased the contaminated drink.

Directing Coca Cola and its three Ancilliaries to pay the damages “jointly or severally”, the forum directed them to pay Rs one lakh to the consumer legal aid fund here and Rs 20,000 towards the complainant towards mental agony caused to him.

This judgement follows an earlier one by the same forum ordering identical compensation against soft drink major Pepsico after a consumer chanced upon a condom in a sealed ‘Pepsi’ bottle.

The complainant, Atul Khattar, a resident of Malka Ganj here, had on August 10, 2003, purchased the bottle from the outlet near Sarai Rohilla locality in the capital.

Khattar, who then happened to take a glance at the sealed bottle, was shocked to find dead insects floating in the “chilled” fizz.

Subsequently, Khatter filed a complaint with the district forum seeking over Rs five lakh damages for negligence and deficiency in service.

In defence, Coca Cola categorically denied any liability towards the complainant claiming that the brand “Sprite” was not their product. The court effectively countered this argument by annexing as proof certified copies of prints taken from an authorised cola website advertising “Sprite” as a “Youth Icon” possessing “a straightforward and honest attitude”.

It further warned Coca Cola of legal action regarding perjury for deliberately attempting to mislead the court by submitting “false affidavits” before it. “Cola has avoided and denied in their affidavits aspects of manufacturing of the soft drink, and the filing of false affidavits before this forum makes it a clear-cut case of perjury,” the court said.

It brushed aside Cola’s contention that the bottle may have been manufactured by unscrupulous people bent on spoiling the company’s reputation.

“Coca Cola is vicariously responsible for the spurious manufacturing of ‘Sprite’ and cannot absolve itself from the prescribed standards of purity as per relevant law,” the forum observed.

It also directed the soft drink major to the complainant pay Rs 3,000 as litigation costs
                
                                
 


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