IN THE COURT OF Sh. RASHID AHMED DISTRICT & SESSIONS JUDGE /PRESIDING OFFICER, DISTRICT CONSUMER COURT SIALKOT/NAROWAL.
Case No. 11 /2007
District Coordination Officer, Sialkot (Authority) through Assistant Director (Legal) District Consumer Protection Council, Sialkot.(Complainant)
Coca Cola, Beverages Pakistan Ltd, through its Regional Sales (Respondent)
The complainant i.e. District Coordination Officer, Sialkot through Assistant Director (Legal), District Consumer Protection Counsel, Sialkot has launched the instant complaint under the provisions of PCPA 2005, narrating therein that on 06-08-2007, a self explanatory complaint addressed to the Hon,’ble Chief Justice of Pakistan, copy endorsement to the complaint was received in his office from one Chairman Sialkot Medical Complex (SMC), alleging therein that a seal packed Sprite bottle 1.5 liter, of respondent company was purchased from canteen of said complex for use and it was observed that a cockroach (insect) was present in the said bottle.
It was further alleged, that the said bottle was shown to the Manager and Sales Officer of respondent company, to which they owned after verifying the seal and batch number printed on the bottle but on the other hand the respondent company did not agree to take any responsibility rather pressurized the administration of Sialkot Medical Complex. Above mentioned complaint was referred to the District Consumer Protection Counsel, Sialkot for further necessary action and same was attended by the Assistant Director (legal) DCPC, Sialkot.
A formal inquiry was conducted by the Assistant Director (legal) DCPC Sialkot, into the contents of the complaint who also visited Sialkot Medical Complex (SMC) on 22-08-2007, got recorded statement of Admin Officer, and employee of the (SMC) canteen in which, they alleged that respondent company supplies the ‘’drink’’ daily in the Sialkot Medical Complex Canteen.
On the complaint of Sialkot Medical Complex Administration, the Area Sales Manager, namely Mr. Shakeel and his assistant visited admin office Sialkot Medical Complex and confirmed that the subject bottle is of their
company. Learned Assistant Director (Legal) DCPC, contacted said
Area sales Manager who also confirmed the story.
After conducting the inquiry Assistant Director (Legal) opined that product i.e Sprite bottle seems to be defective and injurious to health. Consequently, legal Notice No. DCPC/SKT/37/07 dated 29-08-2007, was served upon the respondent. After quenchment of all these formalities complaint has been launched for its regular disposal, praying that respondent be punished for violating the provisions of Punjab Consumer Protection Act, 2005.
The respondent while submitting reply to the complaint has contested this complaint by controverting the allegation of the complaint, inter-alia raising certain preliminary objections. It is main stance of the respondent that respondent company is a renowned multinational company engaged in world’s largest selling beverage whereas, number of unscrupulous people are indulged in preparation of spurious product and pass those off as genuine product of ‘’Coca Cola’’ or ‘’Sprite’’ brands of the respondent.
The respondent has also pleaded that presence of insect in a sealed bottle of the respondent product seems to be a concocted and fabricated story or it could a spurious product not of the answering respondent.In substantiation of their claim complainant examined Mehmood Ahmed (AW.1), who being Admin Officer of Sialkot
Medical Complex by way of submitting affidavit placed upon the record as Ex-AW.1, has corroborated the allegation narrated in the complaint and
He has stated that on 02-08-2007, a Sprite bottle of 1.5 liter supplied from the Hospital Canteen contained cockroach and the canteen Vender told that same bottle are supplied daily by Coca Cola Company. In the same context Mr. Shahkel Area Sales Manager, was also contacted who after sighting impugned bottle and its batch number had verified and owned the said bottle.
After examining the complete evidence it is clear that impugned bottle is not manufactured by it, Whereas, the record /evidence available substantiate the fact that impugned defective and spurious Sprite bottle has been manufactured and supplied in the market by the respondent company without adopting due care and caution.
Epitome, of the above discussion leads to the irresistible conclusion that the product complaint against suffers from the defect as alleged by the complaint and the respondent company is liable to manufacture and supply spurious, defective, and unhygienic product Sprite (Drink) in the market, which is not only injurious to the health but is also alarming to the human health and lives.
The respondent company being manufacturer and supplier of the impugned unhygienic drinks (sprite bottle) have not adopted due care of caution. So the respondent company is held culpable and liable to be imposed penalty U/S 31 &32 of the PCP Act, 2005. Accordingly respondent company is punished with a fine of Rs. 100000/-(one Hundred Thousand rupees) to be deposited in the State Treasury within a period of one months
otherwise the same would be recovered as arrears of land Revenue as well as DCO Sialkot is also directed to recall whole the products of respondent company from trade and commerce and confiscate or destroy the defective products of the respondent company within a period of one month. The respondent company be also not allowed to manufacture and sell its defective products until it achieves the required standard of hygienic conditions.
Complaint stands accepted accordingly. Registrar of this Court is directed to send a copy of this order to the DCO Sialkot and Narowal for compliance under intimation to this court . A copy of this order be also sent to the Secretary, Govt of the Punjab Industries department for information and further necessary action at its ends.
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