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S.C.VYAS, VEENA MISRA, V.K.PATIL
S. M. V. Beverage Private Limited – Appellant
Versus
Neeraj Kumar Jain, Pepsi Food Pvt. Ltd. , New Pravin Rathi Provision Store (Retailer) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.K. Bhawnani, Advocate.
For the Neeraj Kumar Jain :Mr. Santosh Tiwari, Advocate.
For the Pepsi Food Pvt. Ltd. :Mr. A.P. Singh, Advocate.

ORDER :

Mrs. Veena Misra, Member-This order will govern disposal of appeal No. FA/12/391 and FA/12/385 (filed by the complainant and OP No. 2 respectively) directed against the order dated 26.6.2012 passed by the District Consumer Disputes Redressal Forum, Jagdalpur (hereinafter referred to as ‘District. Forum’ for short) in complaint bearing No. CC/10/124 whereby the complaint was partly allowed

2. Brief facts as narrated in the complaint are that the complainant had purchased one Lehar Pepsi 600 ml soft drink bottle from OP No. 3 on 6.5.2009. Batch No. 158; date of manufacture 1.4.2009 and time 22:57:33 were printed on the bottle. OP No. 3 had received the said bottle for retail sale in futherance of business of OP No. 1 and OP No. 2. On opening the bottle the complainant saw a dead lizard in the bottle and immediately made complaint to OP No. 3 from whom he had purchased the bottle. The said OP told the complainant that he is only a retailer and in case the complainant has any grievance he should approach OP No. 1 and OP No. 2. On this the complainant contacted OP No. 1 and OP No. 2 on telephone and E-mail but no satisfactory reply was given. As the soft drink was of dark colour p

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