Dead Fly In Bottle Of Sprite, Assam State Consumer Commission Directs Coca Cola India Ltd. To Pay Compensation Of Rs. 5000/- To The Complainant

Brief Facts

The complaint revolves around Ms. Deepali Sharma (complainant) who visited a restaurant in Guwahati in July 2009, where she purchased a sealed bottle of Sprite. When she tried opening the sealed bottle with a bottle opener, she saw a dead fly inside. The complainant immediately informed the restaurant owner and the owner's brother, who then contacted an official from the Coca-Cola branch office (opposite party No. 2). The Coca-Cola branch office assured Deepali that they would send an official the next day and requested her to keep the bottle with the dead fly at the restaurant.

However, Deepali, angered by this response, took the bottle home without opening it. The next day, she returned to the restaurant to meet with the official, but they were unable to provide a satisfactory explanation for the incident. Instead, they tried to convince her that the bottle might have been tampered with.

The complainant asserted that she suffered physical and mental distress, including convulsion-like feelings, from the date of purchasing the Sprite bottle until the complaint was filed. She argued that as a reputed company's product, consumed by a majority of people, the manufacturer should be responsible for maintaining quality standards and ensuring product safety, an alleged failure of which constituted a "deficiency in service" in the present case.

Arguments of Coca-Cola India Ltd. and Others

The complaint was contested by the Coca-Cola Officials. They contended that it was based on a fabricated story and was misconceived. As per them, the complainant was not a consumer because there was no evidence of payment for the Sprite bottle. They also pointed out that the complainant did not provide details like the batch number of the product, allegedly making her claim less credible.

Observations of the Commission

While noting that the complainant did not actually consume the Sprite bottle, the State Commission found that there was no evidence of physical injury. As a result, the Commission upheld the complaint to the extent of “deficiency of service” of the appellants but reduced the compensation amount from Rs. 50,000/- to Rs. 5,000/-, along with 6% interest. It directed the amount to be paid within a period of four weeks. Additionally, the statutory deposit of Rs. 25,000 made by the appellants during the appeal process would be returned to them upon proper identification.

Case Title: Coco Cola India Ltd. & Ors. vs. Ms. Deepali Sharma & Ors.

Counsel for the Appellant: Mr. A. K. Sahewalla, Advocate

Counsel for the Respondent No. 1 (Ms. Deepali Sharma): None Appeared