A district consumer disputes redressal forum here directed the Karim’s restaurant at DLF Place, Saket and Coca-Cola to compensate a complainant by paying ₹25,000 after it was alleged that foreign particles were found in an aerated drink served to him.
The directions came on the complaint of Sanjay Sharma, a city resident, who had bought the drink for his child at the restaurant.
‘Only a retailer’
“The complainant saw some foreign objects floating inside the sealed bottle. He immediately stopped his child from opening it. On further examination, the foreign objects seemed like some kind of plastic with red botches,” read the allegations in the order.
The restaurant, however, contended that it was “only a retailer” and not the supplier or manufacturer of the drink.
Coca-Cola, on the other hand, argued that it was not involved in “manufacturing or selling” of the drink.
The Hindustan Coca-Cola Beverages Pvt. Ltd., which is a subsidiary of Coca-Cola contended that it was not responsible as the bottle was manufactured by a separate company called Enrich Agro Food Products Ltd.
However, dismissing all the contentions put forth, the consumer panel observed, “The forum is of the opinion that the restaurant failed to redress the grievance of the complainant at the point of sale. Therefore, it is liable for deficiency in services. Coca-Cola cannot wriggle out of their liability by stating that it has no concern with the manufacturing or selling of any beverages.”
It further held, “The conclusion drawn is that by lending its brand name and trademark to a product, Coca-Cola is as much liable for deficiency as the manufacturer.”
An additional sum of ₹5,000 was awarded as compensation towards litigation charges.
