Barkat Ali Zaidi, President—The respondent complainant purchased four bottles of Maza drinks manufactured by appellant OP3 company from the shop of OP 1 Shri Surender Babu Gupta, the distributor of which is OP 2 M/s Kohli Soft Drinks (P) Ltd and in one of the bottles two dead Flies were discovered, fortunately before consumption. The respondent complainant claimed compensation of an amount of Rs. 1,00,000 and litigation cost from the opposite parties and the District Consumer Forum awarded Rs. 5,000 to him as damages to be paid by OP2 and directed the OP3 manufacturer company appellant to deposit a sum of Rs. 1,00,000 with State Consumer Welfare Fund (Legal Aid, New Delhi).

2. The OP 3 manufacturing company has come in appeal.

3. None has appeared on behalf of the appellant at the time of hearing. We have heard the respondent complainant Sri Vinod in person, and perused the record including the Memo of Appeal very carefully.

4. It is a case of ab initio loquitur, the manufacturer company has to be held responsible and the District Consumer Forum was fully justified in its award.

5. One of the contentions raised by the appellant in its Memo of Appeal was whether the matter c