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| For sale of unhygienic soft drinks, Jai Beverages directed to pay Rs 1 lakh | | | Early Times Report
Jammu, July 23: The district and sessions judge today directed Jai Beverages to pay Rs 1 lakh for selling unhygienic soft drinks to the petitioner.
The court directive came in a petition filed by one Mohammad Sehbaz, alleging therein that he purchased three bottles of Mountain Dew, Pepsi and Mirinda from Choudhary Departmental Store, opposite Bhatindi police station, but before breaking their seals, he was surprised to find dirt and fungus like material in them.
Holding Jai Beverages liable for unfair trade practices, district and sessions judge Shahzad Azeem said the cost of litigation was quantified as sum of Rs 5,000 and punitive damages as Rs 1 lakh. Out of Rs 1 lakh, Rs 10,000 be paid to the complainant and Rs 90,000 would go to the J&K high court legal services authority, he ordered
"The object and scheme of the Consumer Protection Act, 1987, inter alia is to prevent sale of hazardous goods and if consumer comes across them, he can maintain a complaint in order to prohibit their sale to remove the defects. Under these circumstances, this forum is not powerless to award punitive damages as well. Therefore, the plea, that the complainant had not consumed the soft drinks, is without any substance and hence is turned down. It is relevant to note that the present instance of unhygienic manufacturing of beverages may not be an isolated case, because it is matter of common knowledge and understanding that during the process of manufacturing not only a single bottle is manufactured, but hundreds or thousands of bottles are manufactured in one slot. If the manufacturing companies like in the present case, who are world renowned for their advance technologies for hygienic processing are found indulging in such health hazardous activities, it would be very difficult for the governments to protect the health of its citizens. We say so because these beverages have become so popular that what to talk of adults, even children are obsessed with them. Therefore, the court feels that Jai Bevrages is required to be burdened with some punitive costs also for unfair trade practices and for putting the health of general public in peril," the court said. (JNF) |
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