UMA SHANKAR SINGH vs DELHI BISLERI COMPANY LTD.

A complaint, charging the respondent, with adoption of and indulgence in unfair trade practices, qua the claim of the respondent No. 1 in respect of its Bisleri mineral water "as pure and safe" has been made and it has been contended that the said claim of the respondent No. 1 is false and misleading and in support thereof a 5 litre standard Bisleri bottle of the respondent''s mineral water, has been produced. However, at the instance of the respondents and with the consent of the applicant/complainant an inspection of the bottle, in question, was carried out by the Joint Director (Legal) on the 9th February, 2001 at 2.00 p.m.

THE report of the Joint Director (Legal) has been placed on the file and according to the report, the inspection was made in the presence of the Advocates representing respondent No. 1 as well as the applicant/complainant. It has been observed in the report that at the time of inspection, the cap of the bottle was found broken and the bottle was leaking, quantity of water in the bottle was also much less than the prescribed quantity. It has been further observed that the sticker on the bottle was also torn and cap seals were also found broken besides the main cap of the bottle was found to have a cut of approximately one inch. The contention of the learned Advocate for the respondents is that the bottle had been tampered with and therefore, as a result of it, the water was found to be having certain suspected particles and insects. In reply to the additional affidavit of the respondent No. 1 which was filed along with the report of the Joint Director (Legal), it has been submitted by the learned Advocate for the applicant/complainant that since the bottle, in question, was brought to the Commission on every date of hearing, it is possible that a small tear in the cap occurred. It has been further stated that the Commission should take judicial notice of the tear in the cap which is less than one inch and get the contents of the bottle examined from a Government Laboratory.

We have considered the submissions made by the learned Advocate of the applicant/ complainant as well as that of the respondent and perused the complaint petition as also the report of the Joint Director (Legal). The perusal of the report reveals that the bottle was leaking and the cap was also not intact and it appears to us, that, on the basis of the evidence available before us, a prima facie case of unfair trade practices can''t be said to have been made out. It can''t be concluded on the basis of the report of the Joint Director (Legal) that the respondent''s claim that its Bisleri mineral water is "safe and pure" is false and misleading. In view of the above, we do not find any substance in the complaint and therefore, we are of the opinion that no action is required to be taken on the complaint of the applicant/ complainant. It is accordingly, rejected. Complaint dismissed.