Ajit Bharihoke, Presiding Member—Shibu T Paul, respondent no.1 herein filed a consumer complaint against the petitioner and respondent no.2 alleging that he had purchased Heinz tomato on 24.01.2007 from the opposite party no.1 Big Bazar on payment of Rs.71/-. The tomato ketchup was consumed by his son and immediately thereafter he started having severe stomach ache. The complainant/respondent no.1 took his son to Sanjivani Super Specialty Hospital Vastrapur on 16.02.2007 and on check-up he was found to be suffering from food poisoning. It is the case of the complainant that his son was treated in the said hospital till 21.02.2007 when he was discharged. On 21.02.2007 the complainant submitted the left over ketchup at Public Health Laboratory, Ahmedabad Municipal Corporation for examination. As per the test report of the laboratory, the tomato ketchup sample was found to be infested with live white worms. According to the complainant, his son was hospitalized after consuming worm infected ketchup and he had to incur an expense of Rs.22,850/- for the treatment of his son. Thus, the complainant filed a consumer complaint against the petitioner as also opposite party no.2 Big Baza