Judgment :

This appeal arises out of the following facts:

2. On 6th April, 1999, the complainant Ajay Paul, an advocate by profession, purchased three bottles of Limca from a retailer at village Digha. One of the bottles was opened by the complainant and on consuming the same, he fell sick, vomitted several times, felt nauseated, had loose motions and had to spend a sum of Rs.3,000/- on medicines etc. The complainant also examined one of the bottles of Limca which remained unopened and found that it contained several dust particles. The complainant thereupon served a notice dated 9th April 1999 by registered post on the three accused, accused No.1 being the President of M/s. Coca Cola India, accused No.2 the Consumer Affairs Coordinator and accused No.3 the Manager of M/s. Bharat Coca Cola Bottling North East Pvt. Ltd. Patna alleging that he had been caused injury on account of consumption of adulterated Limca. The complainant received a reply from the accused and it was pointed out therein that several such complaints had been received from other sources as well, and it appeared that Limca was being adulterated by some unscrupulous elements and an enquiry was going on in this conne