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R.C.JAIN, ANUPAM DASGUPTA
Cadbury India Ltd. – Appellant
Versus
Rajanesh R. Swamy – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Joseph Vallapally, Senior Advocate with Ms. Surekha Raman, Advocate.
For the Respondents: Nemo.

ORDER

Anupam Dasgupta, Presiding Member—This appeal seeks to challenge the order of 28.10.2005 of the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, ‘the State Commission’) in complaint case No.13 of 2001. By this order, the State Commission held opposite party (OP) No.1 the appellant before us guilty of defects in the chocolates sold by it through the network of retailers and also consequent deficiency in service and directed it to pay the following sums within four weeks from the date of the order:

(i) Rs. 50,000 as compensation to the complainants with interest at 12% per annum from the date of the complaint till realization along with costs of Rs.10,000; and

(ii) Rs. 1,00,000 as damages under Section 14 (1)(hb) and Rs. 50,000 under Section 14(1) (d) respectively of the Consumer Protection Act, 1986 (hereafter, ‘the Act’) to the State Commission.

The State Commission further directed payment of interest on the abovementioned amounts @ 12% per annum in case of failure to comply within the stipulated time.

2. In the complaint before the State Commission, complainant No.1 (also representing complainant No. 2, his four year old daughter) gave a long

























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