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CASE LAW
Gutka pouch in bottle: Pepsi asked to compensate consumer
Saeed Khan,TNN | Oct 1, 2013, 02.25 PM IST
AHMEDABAD: A consumer court in Gujarat has asked Pepsico India Holdings Pvt Ltd to pay Rs 20,000 to a consumer, who found a gutka pouch floating inside the packed soft drink bottle he had purchased.

Rajesh Rajan purchased a bottle of Pepsi from a local store in Ahmedabad in August 2008, but he found a gutka pouch inside the bottle. He dashed off a legal notice to the company accusing it of deficiency in service that could cause health hazard for consumers. The multinational giant even replied to the notice, but a year later.

Rajan approached a Consumer Dispute Redressal Forum, Ahmedabad (rural) and demanded Rs 5 lakh from the company towards compensation. During the hearing, the consumer forum sent the sample to the Ahmedabad Municipal Corporation's laboratory for analysis. After hearing the case, the consumer forum asked the company to return the amount of Rs 8 back to Rajan. Besides, the forum also asked the company to pay Rs 4,000 towards compensation for causing mental torture and towards litigation cost.

Rajan was not happy with the amount. He moved Gujarat state's Consumer Dispute Redressal Commission and complained that Rs 4,008 was too meager an amount towards compensation, particularly when he had spent Rs 500 after sample testing. He also argued that the company should be fined in the manner that sets an example in the society that those who are deficient in service should be taught a lesson.

The commission asked the company to pay Rs 20,000 to Rajan towards compensation and Rs 2,000 towards litigation cost.

Earlier this year, the Consumer Dispute Redressal Forum, Ahmedabad (rural) asked this company to deposit Rs 20,000 with the State Consumer Welfare Fund after its soft drink was found contaminated.

The complaint against the company was filed by one Gautam Trivedi, who purchased a bottle of soft drink at a price of Rs 15 from

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