This order will dispose of the above mentioned private complaint,launched at the instance of complainant, Imran Sohail Tarrar, under Sec. 25 read with Sec.30 of the Punjab Consumer Protection Act.2005, against M/S Pepsi-Cola and 05 others, fully described in the complaint herein respondents,
while alleging therein that on 29-08-2007, at about sham-waila,complainant purchased 06 Pepsi-Cola bottles, in value of Rs. 60/-, vide cash memo(EX AW1/A)from respondent No.6, situated in his residential area, in order to serve his guests.Only two bottles were opened/de-sealed but he stopped opening the remaining 04 bottles,while finding a sold article (a wrapper) in the drink of bottle, herein disputed bottle(Ex A/1)
whereupon he while taking two sips of opened bottles and finding different taste/odor from the true drink, immediately decided to return all bottles, as complainant had apprehension that these bottles, were defective,low-substandard and injurious to the human health and consequently he visited respondent No 06 and returned 05 bottles except the one having some solid article therein ( Ex-A1).
He also narrated the whole situation to respondent No. 06 who while justifying his no fault maintained that those bottles were manufactured and supplied by M/S Pepsi-Cola etc, hence, the claim for damages, in sum of Rs.5,00,000/-, (Rupees Five Lac only), against respondents and other legal consequence as justice demands.
While concluding the whole evidence and discussion,this court is of confident view that stance of complainant is proved and established whereas,version of respondent No.1 to 5, being fake,ambiguous,hatched up,after thought and concocted is hereby disbelieved and rejected, thus, compensation in sum of Rs 50,000/-(Fifty Thousand only)is, hereby, awarded against the respondent No.1 (M/S Pepsi-Cola)out of which Rs.15,000/-(Fifteen Thousand only) whereas, Rs.35,000/-(Thirty Five Thousand only) will be depositable in the State Treasury, falling which the manufacturer/ proprietor of M/S Pepsi-Cola will be imprisoned for Four Months S.I along with Fine in sum of Rs. 1,00,000/-( One Laconly). The respondent No. 1 (M/S Pepsi-Cola) is also burdened with legal expenses, payable to complainant, besides compensation
It is further directed that Authority(DCO)Gujranwala or any other 0fficerduly authorized by him in the company of EDO (Health) and DO (Health) Gujranwala will be bound to visit M/S Pepsi-Cola Gujranwala, fortnightly in order to ensure the observance of production of Pepsi Drinks in hygienic and healthy atmosphere under strict measures settled by multinational companies under intimation to this court. A copy of this order be sent to Authority(DCO) EDO (Health) and Do (Health) Gujranwala for compliance.
It is also observed that respondent No.2 to 4 representatives of M/S Pepsi-Cola are found to provide defective services in the area of District Sialkot in asmuch as none of them has/had ever tried to point out the responsible authority about fake and low standard and local made drinks in order to cater-down this foultendency and for care of human life, probably while joining hands with criminal minded persons who are indulged in the man ufacturing of low standard,low quality and fake local made beverages, which are harmful to human life and health.
Before parting with the order this Court is mindful to observe that during the hearing of this case disputed bottle (Ex-A1) was allegedly desealed tempered withby P.S of this Court in connivance with respondents No. 1 to 5, resulting into registration of case against him, vide FIR No. 501/07 and disciplinary action against him. File be consigned to the record room.