1. As per contents of instant petitioner/claim, the complainant purchased one Bottle of Amrat Cola (1ltr) on 02.09.2010, amounting to Rs, 45/-, from the respondent No.01,. Complainant found an iron rod inside the seal packed bottle, for which the complainant approached the respondent No.1 and complained about the defective bottle where the respondent No.1 told him that he purchased the bottle from the Distributors of said product namely Bhatti Brothers respondent No.2 and it was locally packed by the respondent No.2 for which the complainant sent a legal notice to the respondent No.2 but respondent NO.2 paid no heed and as a result thereof, the complainant moved the court and claimed for Rs, 100000/- as fine/damages.
2. The respondents were summoned and they appeared before the court but after one date of hearing i.e. 21.09.2010 respondent No.2 did not turn up so, he was proceeded against ex-parte on 28.09.2010, while respondent No.1 has submitted written reply, the evidence of petitioner was recorded. The statement of petitioner was recorded in the shape of affidavit, which was placed on record as Ex.P.1. Likewise petitioner also produced the original Bottle (Amrat Cola 1 ltr) Ex.P.2 while the Photocopies of legal notices as Mark-A, B, C and closed petitioner's evidence. The evidence of Respondent No.1 was also recorded. The statement of Respondent was recorded in the shape of affidavit, which was placed as Ex. Rw-1 and closed respondent's evidence.
3. Arguments of petitioner and respondent NO.1 heard and record available on the file, perused.
4. The petitioner in support of his version put forth in the instant petition, got recroded his statement through filing an affidavit Ex.P.1. While there is no rebuttal at all to the aforesaid evidence of the petitioner from the side of respondent No.2 and the statement of the respondent NO.1 also supported the versionof the petitioner. Petitioner has succeeded to establish that the Bottle (Amrat Cola 1 ltr) purchased by him from the respondent No.1 and distributed by Bhatti Brothers respondent No.2 for the consideration of Rs, 45/- was found defective, while details of any loss due to said defective Bottle (Amrat Cola1 ltr) allegedly suffered by the petitioner have not been given and petitioner is not entitled for any damages. So, the claim of the petitioner as to damages/fine amounting to Rs, 100000/- has not been established. However, the petitioner is entitled for Rs, 45/- as the cost of Bottle and Rs, 10000/- as compensation.
5. For the foregoing reasons and from the naked eye, the product Bottle (Amrat Cola 1 ltr) seems to injurious to the health of human being so, the respondent is also fined Rs, 20000/-. File be consigned to record room after due completion.