Mr. Justice Jyotirmoyee Nag, President — This judgment will coverall the cases as the issues are the same and the evidence in all the cases is the same and they have been heard analogously.

2. A Ration Shop (appointed Retailer) A.R. No. 2555 Garib Bhandar at Buro Shibtala Main Road, Behala, Calcutta-38 sold on Ration Cards in the last mid of June 1988 Rapeseed Oil adulterated with Argemone Oil and Tricreasyl Phosphate both known toxic adultrants to various consumers attached to said ration shop. The Rape-seed Oil was supplied by the Opp. Party No. 1 (West Bengal Essential Supplies Commodities Corpn. Ltd.) to Opp. Party No. 3 Garib Bhandar who in turn worsened the situation by adding another adulterants, TRICRESYL PHOSPHET. The Opp. party No. 2 i.e. the Food & Supplies Department is the controlling authority of both Opp. Party No. 1 & 3.

3. As a result of consumption of the said adulterated rape-seed oil large number of consumers fell ill with complaints of numbness of limbs. The victims were hospitalised and suffered paralysis of limbs. The State Govt. of West Bengal filed Criminal cases against the perpetrators being Behala Case No. 54 of 1988 under Sections 272/273/275/ 328/201/341/120-B I.P.C. and the Charge Sheet was submitted against the Ration Shop Keepers & others under Section 273/109 I.P.C. and the trial is going on in the Court of 6th Additional District Judge, Alipore.

4. The victims suffered various degrees of physical injuries and mental agony. While some were able to recover to some extent many could not. Those who survived lost their earning capacity. The Consumers Unity and Trust Society (CUTS) had filed a representative class action complaint under the Consumers Protection Act, 1986 before the National Commission, New Delhi in February 1989 against the Govt. of India, Govt. of West Bengal and the Calcutta Municipal Corporation seeking unspecified damages against the authorities for their composite negligence in this matter. The complaint was disposed of on 8th Dec. 1989, granting some relief to the victims against the State Govt. with liberty to the victims to seek other reliefs against the private culprits. Extract given below:

“............ make it clear that the disposal of this case vide this order will not in any way operate to preclude the victims of the tragedy from persuing any other remedy-that may be entitled to under law, as against the persons conducting two ration shops and also against the keeper of the concerned godowns.”

5. In the course of the proceeding before the National Commission the State Govt. admitted that Argemone Oil was found in the sample of the adulterated rape-seed oil, seized from the victims and persuant to a test conducted by the Central Food Laboratory (CFL) Calcutta. The State Govt. admitted before the National Commission that the Opp. Party No. 1 did not carry out Argemone Oil test in the rape seed oil although it is a prescribed procedure under Rule 5 of the Prevention of Food Adulteration Act 1955. The CFL test established the presence of TCP in the four samples put by the Opp. Party No. 4. An enquiry was held by Opp. Party No. 2 Mr. T.R. Sengupta and the report admitted various lapses on the part of the ration office in Behala in supervising the ration shops activities. The CMC (Calcutta Municipal Corporation) is empowered to prevent adulteration as the local authority under the Prevention of the Food Adulteration Act 1955. The CMC admitted their handicap to check ration shops or the food articles sold by them and as the latter are under the control and supervision of the Opp. Party No. 2.

6. On behalf of Opp. Party No. 1. The Managing Director of West Bengal Essential Commodities Supplies Corporation vehemently denied that adulterated oil containing Argemone Oil was supplied by the Opposite Party No. 1. That the oil supplied to the owner of A.R. Shop No. 2555 on 26/8/88 went through vigorous chemical tests by the Directorate of Food Supplies Department in conformity wit