ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 17.04.2023 Date of Reserve : 20.03.2025 Date of Decision : 22.04.2025

1. Tata Consumer Products Limited Kirloskar Business Park, Block-C, 3^rd Floor, Herbal, Bengaluru-560024.

2. (VD) M/s V.D.Beverages village umran Khanpur-Rania-

Kanpur Dehat, Uttar Pradesh-209101.

3. (SR) Sagar Ratna Product Private Limited Plot No.146, RIICO Industrial Area, 2^nd Phase, Neemrana, Alwar Rajasthan 301705.

4. (SP) S.V.R.E. Packaging Pvt. Ltd. SV No.44/8, Kattigehalli Dhakale Domberhatty Yadiyur Hobil, Kunigal Taluk, Kunigal, Tumkur, Karnataka-572130.

5. Distributed By: Nourishco Beverages Limited (Wholly Owned Subsidiary of Tata Consumer Products Limited, 401-C, 4^th Floor, Block-3, Veritas Business Suites, Golf Course Road, Sector 53, Gurugram, Haryana-122003. ….Appellants/Opposite Parties No.1 to 5 Versus

1. Vishal Banger, aged about 25 years, son of Rakesh Kumar, resident of Ward No.1, Mohalla Mazoran, Rahon Tehsil Nawanshahr, District SBS Nagar.

….Respondent/Complainant

2. Gurdial Agencies Main Market Near Baba Balak Nath Mandir Rahon, District SBS Nagar.

…..Proforma Respondent/Opposite party No.6 First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated

28.02.2023 of the District Consumer Disputes Redressal Commission, SBS Nagar.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:-

For the appellants : Sh.Ashim Aggarwal, Advocate For respondent No.1 : None For respondent No.2 : Ex-parte HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellant/opposite parties No.1 to 5– Tata Consumer Products & Ors. against the order dated 28.02.2023 passed by District Consumer Disputes Redressal Commission, SBS Nagar (in short ‘District Commission’), whereby the complaint filed by the complainant under Section 12 of the Consumer Protection Act (in short ‘the Act’) was partly allowed and opposite parties were directed to pay Rs.5,000/- as compensation and Rs.3,000/- as cost of litigation. They were further directed to deposit Rs.5,000/- in Legal Aid Fund of the District Commission.

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. In nutshell, the facts of the case are that the complainant purchased Tata Copper Water Bottles on 01.11.2022 from Gurdial Agencies Main Market, Near Baba Balak Nath Mandir Rahon, Tehsil & District SBS Nagar. It is submitted that the opposite parties breaking the protocol of Bureau of Indian Standard and are not using ISI mark and putting consumer health in jeopardy. Also they are breaking the rules framed by FSSAI, who made it mandatory the certification of BIS to sell drinking packaged. It is further submitted that TDS is not mentioned on the water bottles and concealed the important information about the product. He further submitted that this can cause bad effect on the person who will consume it. This act and conduct of the opposite parties amounts to deficiency in service and unfair trade practice, which compelled the complainant to approach the District Commission seeking following reliefs:

i) the opposite parties be directed to stop the manufacturing of water bottle and also to restrain to sale of this water bottles (Tata copper water bottles);

ii) to pay the damages to the tune of Rs.50,00,000/- along with litigation expenses.

3. Upon notice, opposite parties No.1 to 5 appeared and filed their joint reply taking preliminary objections that the allegations made in the complaint pertain to financial, physical and mental loss, and no proof has been provided as to how any physical damage has been caused to the complainant. It is submitted that the product is covered within the ambit of non-alcoholic beverages as mentioned on the FSSAI website. It is submitted that the opposite parties manufacturing the product ‘Tata Copper Water’

with a for