Consumer protection
sridhar pasumarthy
(Querist) 31 October 2011
This query is : Resolved
Respected Experts,
X files a consumer complaint alleging that he purchased a soft drink from Opp. party no: 1(retailer) which was manufactured by Opp.party no: 2,wherein, he found some foreign substance(fungus)before opening the cork, that there is gross negligence on the part of manufacturer in not producing the soft drink as per the prescribed quality standards and sought for compensation against manufacturer.
No relief was claimed against retailer.
No bill to prove his purchase from the retailer was filed.
Bottle was not sought to be sent for chemical analysis.
My questions are :-
1. Can the complainant(x)succeed without producing any bill?
2. what are the defences available to the manufacturer in the above factual circumstances?
Give citations, if available pls.
ajay sethi
(Expert) 31 October 2011
complainant will have to prove he purchased a cold drink from any outlet selling cold drink . it is well known fact that for rs 10 cold drink no bills are issued .
OP has to graciiously admit his mistake apologise and pay compensation to complainant .
R.Ramachandran
(Expert) 31 October 2011
One has also to know what is the date of manufacturing. What is the date of expiry. Whether the complaint was lodged after the period of expiry. Whether there is any time gap between the alleged date of purchase and date of complaint. Whether the cork of the bottle has been tampered with etc. etc. One do not even know whether the said cold drink was a 'spurious' one or a real one.
adv. rajeev ( rajoo )
(Expert) 31 October 2011
Purchase bill is necessary, otherwise he cannot prove his case. Complainant has to prove that he is the customer of the retailer.
sridhar pasumarthy
(Querist) 31 October 2011
Rajeev sir,
any citations pls to the said effect.
Arun Kumar Bhagat
(Expert) 31 October 2011
My questions are :-
1. Can the complainant(x)succeed without producing any bill?
2. what are the defences available to the manufacturer in the above factual circumstances?
Ans: 1. Yes .
2. Tampering with the seal. Non-annexure of Lab Report.
prabhakar singh
(Expert) 31 October 2011
AAj tumahre pass bhi khoob sawaal hi saawal hi sawwal hai bhai vo bhi bematalab k.citation chahiye apne kuch bhi na karna. sikhoge kaise???
Sailesh Kumar Shah
(Expert) 01 November 2011
So go to case law search engine at www.indiankanoon.org.
Shonee Kapoor
(Expert) 01 November 2011
Agreed with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
