A city consumer court has asked a leading beverage company to pay Rs 5,000 as compensation to a buyer who found a dead fly in a whisky bottle of the company.
"The very sight of a dead fly in such drink causes trauma to a consumer particularly when he detects the foreign object after consuming some quantity of the drink," observed the Delhi State Consumer Disputes Redressal Commission headed by president Justice J D Kapoor and member Ruminita Mittal.
Justice Kapoor rejected the contention of the company, Shaw Wallace Distilleries, that there was no proof to show that the whisky harmed the consumer.
"Mere absence of any medical evidence as to the effect having a drink containing a dead fly can not absolve the company from selling goods which are meant for drinking that contained a foreign object, i.e. a dead fly," the commission said.
Ordering compensation, the Commission added, "The trauma sometime is such that one may vomit spontaneously and this not only results in physical injury but mental injury also and therefore such a consumer is entitled to be compensated for the mental agony."
"It was a case of negligence while manufacturing and bottling the drink as dead insect has found its way during the process of bottling," observed the Commission while deciding the appeal of the liquor company, which it has filed against a District Consumer Forum's verdict.
Earlier, a District Forum, on a complaint of one Mohan Singh who had found a dead fly in a bottle of Director's Special brand of whiskey, bought from an authorised shop of the company, has asked it to pay Rs 77,000 as compensation.
Partly allowing the appeal, the Commission slashed the fine by awarding compensation of Rs 5,000 to the consumer inclusive of the cost of litigation.
"In the instant case, it was a solitary bottle in which one dead fly was found whereas the drink was neither of poor quality that may caused potential hazards, hence the fine was on the higher side," said Justice Kapoor decreasing the fine.