In a significant ruling, the District Consumer Disputes Redressal Commission, Palakkad has ordered United Breweries Limited to pay compensation to a consumer who found a glass piece in a beer bottle. The judgment highlights the importance of product safety and manufacturer responsibility.
Case Background:
The case (CC/57/2023) was filed by Abijith V., a resident of Palakkad, against United Breweries Limited and Kerala State Beverages Corporation. Abijith claimed to have found a glass piece in a Kingfisher Storm super premium beer bottle he purchased for personal consumption.
Legal Issues and Court’s Decision:
The primary issues before the court were:
1. Presence of impurity in the liquor
2. Deficiency in service or unfair trade practice
3. Entitlement to relief
The court, presided over by Sri. Vinay Menon V. (President), Smt. Vidya A. (Member), and Sri. Krishnankutty N.K. (Member), made the following key decisions:
1. Presence of Impurity: The court confirmed the presence of a solid particle in the beer bottle based on a visual inspection report (Exhibit C1). The judges noted, “Ext.C1 clearly proves that there is a solid particle in the bottle. It is also clear that the cap of the bottle is untampered with.”
2. Negligence: The court held United Breweries Limited (OPs 1 & 2) responsible for negligence in bottling the beer. However, it couldn’t establish any deficiency in service on part of Kerala State Beverages Corporation (OPs 3 to 5) due to lack of proper evidence.
3. Compensation: The court ordered United Breweries Limited to:
a) Refund Rs. 140/- (cost of the beer) with 10% interest from the date of complaint filing
b) Pay Rs. 10,000/- as compensation for deficiency in service
c) Pay Rs. 2,500/- as cost of litigation
Important Observations:
The court rejected the company’s request for scientific testing of the bottle, stating, “This application was dismissed since, based on the facts and circumstances, this was a case of Res Ipsa locquitor.” This legal doctrine suggests that the mere occurrence of an accident implies negligence.
The court also found the compensation of Rs. 1 lakh sought by the complainant as “exorbitant in the facts and circumstances of the case.”
Also Read
Parties and Legal Representation:
– Complainant: Abijith V., represented by Adv. M/s. K. Dhananjayan, Ratheesh Gopalan & Sreeraj R. Vallikode
– Opposite Parties:
1 & 2: United Breweries Limited, represented by Adv. M/s. C. Madhavankutty & Prajeesha
3 to 5: Kerala State Beverages Corporation, represented by Adv. Kannaraj K.R.
