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EditionArchives Dated: 27 April 2006Condom in sealed bottle; Pepsi fined Rs 1 lakhThursday April 27 2006 00:00 IST PTI NEW DELHI: Soft drink giant Pepsi has been ordered to pay over Rs
1 lakh compensation by a city consumer court after a man found a condom inside a sealed bottle of the company.This case is an eye-opener for others who are engaged in manufacturing soft drinks and are required to maintain the prescribed standards of purity in public interest during the course of their business activities, consumer disputes redressal forum (north) comprising president KK Chopra and members RK Prabhakar and Neeru Mittal said.Terming the case rare with a serious bearing on the public health, the court directed Pepsico India Holdings Ltd to pay Rs 1 lakh towards the consumer legal aid fund and Rs 20,000 as damages to the complainant.Complainant Sudesh Sharma, a resident of Ujhani village here, had purchased two bottles of Pepsi from a retail shop near Kashmere Gate in the capital in year 2003.He started suffering from severe dyspepsia and headache, followed by insomnia, after drinking from one of the
bottles. His condition worsened over a period of time and he had to seek medical treatment. Meanwhile, Sharma, on inspecting the bottle from which he had drunk, found dirt and other contaminants inside it.Even worse, Sharma was shocked to find a condom inside the other Pepsi bottle, which was still sealed.Staunchly denying any negligence on its part, Pepsi maintained in court that the bottles may have contained spurious products illegally marketed under its brand name.To this, the court held that the soft drink major had failed in its bounden duty towards its customers by not taking any deterrent action against such unscrupulous persons who pass off spurious products as Pepsis. Further, the court rejected as a lame excuse Pepsis objection that it could not be held liable in the case as it did not have any authorised dealers in the vicinity of Kashmere Gate.Dismissing Pepsis argument that Sharma
had not submitted any proof of purchase of the bottles, the court observed that it was not a practice in the open market among shopkeepers to issue receipt or cash memo whenever a person purchased one or two bottles.The forum also directed the company to pay Rs 3,000 as litigation costs.
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