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Foreign particle in soft drink;
Coca Cola told to pay Rs 2,500

May 10, 2003 11:22 IST

In a major embarrassment to beverages giant Coca Cola, the apex consumer body has ordered the multinational's Indian arm to pay Rs 2,500 as compensation to an aggrieved person for selling him a bottle of soft drink containing 'foreign particles'.

Dismissing a revision petition by Hindustan Coca Cola Beverages Private Limited for not filing it within the stipulated time, the National Consumer Disputes Redressal Commission upheld a District Forum order directing the company to pay the compensation and litigation cost of Rs 500.

Complainant Naresh Thakkar alleged that a bottle of Coke, sold to him by the company's agent, contained something more than just the drink and that the 'foreign particle' upset his stomach.

The company argued that Thakkar did not have a proper receipt of the transaction.

Though it could not be determined whether the contents of the bottle were injurious to health as neither party went ahead with the test, the District Forum noted that foreign particles were indeed present in the bottle, adding there was deficiency in service to that extent.

Coca Cola appealed before the State Commission, which dismissed it saying there was a 133-day delay. It did not accept the company's plea that a clerk had lost a certified copy of the appeal.

The company then approached the National Commission, which also turned down the petition saying it should have been very vigilant and that there was no ground to interfere with the order of the State Commission.
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