SC issues notice on Coca Cola plea

NEW DELHI: The Supreme Court on Friday issued notice to one Sita Devi on an appeal by aerated drinks major Coca-Cola against a consumer court order awarding Rs27,000 as compensation to her after she claimed to have found fungus in the company's cola drink.

A bench comprising BN Agrawal and Justice PP Naolekar issued notice to Sita Devi asking her to respond to Hindustan Coca-Cola Beverages Ltd's petition challenging the National Consumer Disputes Redressal Commission (NCDRC) order.

The company contended that the bottles sent for analysis were not manufactured or sold by it and did not contain the mandatory details like batch number, date of manufacture and maximum retail price usually printed on every bottle.

Pointing out that the sample was not tested as per the procedure prescribed under the Prevention of Food Adulteration Act, Coca-Cola counsels EC Agarwala and Gopal Jain stated that the analysis report was flawed and could not be relied upon for the purpose of giving compensation.

It also contended that the Consumer Protection Act had a lacunae as it does not specify the laboratory in which a sample was to be tested, thus leading to inconsistencies in testing procedures. A sample should be analysed only by a specified and authenticated lab, it pleaded.

Sita Devi had filed a case in a district forum against Coca-Cola and its Jaipur-based distributor Ajay Sales and suppliers seeking damages to the tune of Rs50,130 for negligence and deficiency in service.

But the consumer court awarded her a compensation of Rs27,000 after the Central Public Health Laboratory in Jaipur held that the sample was adulterated and unfit for human consumption.