District Consumer Forum Aligarh
– Photo: Amar Ujala
Expansion
The District Consumer Commission has given its verdict in the case of death of a woman due to drinking cold drink (Limca) one and a half decade ago in Sarai Garhi area of Sasni Gate of Aligarh metropolis. The Commission has imposed a compensation of Rs 17 lakh 80 thousand on Hathras-based Limca manufacturing company and the distributor of Sasni Gate. This amount will have to be paid in favor of the aggrieved party within thirty days. Otherwise non compliance will be prosecuted. This order has been given by the bench comprising District Consumer Commission Chairman Justice Hasnain Qureshi, members Alok Upadhyay and Purnima Singh Rajput.
Suresh Chandra of Sarai Garhi had filed a petition in this regard in the Commission. In which it was said that his wife earned eight thousand rupees per month and he himself sells fruits. The incident is of 19 July 2009. His wife bought a 600 ml bottle of Limca Colddrink from Devesh Kumar, owner of Fantastic Colddrink, Jaiganj. His wife Mithlesh and elder daughter Babli etc drank it. As soon as they drank it, their health deteriorated and they were brought to the nursing home at Sasni Gate. From where Mithlesh was referred to the district hospital in critical condition, but he died. Babli was saved after treatment.
Police came on information and seized a cold drink bottle from the spot, in which some material was left. Sent him for investigation. Along with this, post-mortem was conducted and a case was also registered. However, the cause of death was not clear in the post-mortem. Viscera was preserved. Later, on June 8, 2010, reports came in regarding cold drinks, in which ethyl alcohol along with methyl carbonate was found, which is a poisonous substance. On this basis, the plaintiff sought compensation for his remaining seven children Babli, Anil, Babita, Neha, Jyoti, Rani and Kuldeep. Along with this, he also attached documents like case copy, post mortem report, forensic science laboratory report, treatment report of Babli etc. The defense argued that they sell sealed products.
The police had taken a sample of the opened bottle. They do not have proof of purchasing the goods. But not accepting this argument of the defense, the court has given its verdict on the basis of the evidence of the plaintiff. In which, holding the producer firm Vrindavan Agro India Limited based in Ruheri Nagla Umaid of Hathras and the seller Devesh of Jaiganj responsible, a compensation of Rs 17 lakh 80 thousand has been fixed in favor of the victim’s family. Along with this, it has been decided to pay Rs 35 thousand mental expenses and Rs 15 thousand litigation expenses. Out of Rs 17 lakh 80 thousand, fifty percent amount has been ordered to be given to the plaintiff and the remaining amount to be given equally to all the children. This order will have to be followed within thirty days, otherwise a contempt case will be filed.
