Landmark Judgements

Kingfisher told to pay 15,000 for dirty water


Kingfisher told to pay 15,000 for dirty water

Forum Orders Firm To Take Strict Quality Control Steps


Mumbai: The consumer forum last week ordered a mineral water company to pay compensation to two south Mumbai residents who found black particles in their packaged water served at a posh restaurant in 2005.


The forum ordered Kingfisher Premium, Iceberg Foods Ltd (water division) to pay the complainants—Breach Candy resident Jagit Singh and Bhulabhai Desai Road resident Sunder Jawa—atotal of Rs 15,000 for causing mental agony and towards costs of the complainants.


The South Mumbai District Consumer Disputes Redressal Forum observed that even though the water was not sent for testing or even presented as material evidence in court, pictures of the bottle presented in the forum showed that it contained blackish particles. “The common man would definitely hesitate to drink the said water by observing the blackish dirt in it,” the forum said.


The forum directed the company to take strict measures in respect to quality control to avoid such incidents.


Singh and Jawa filed a complaint with the forum on April 11, 2007. Although the complainants included the restaurant as an opposite party, in April 2010, they sought action only against the mineral water company. Notices were issued to the company after the complaint was filed. As they did not appear before the forum, it passed an ex parte order against them.


The complainants presented the statements of Parmar and Bukhari as evidence to the forum. They also presented a restaurant receipt that showed that they had written a complaint on it with regard to the contamination. The waiter confirmed this. They also sent letters to the company which assured them that the matter would be investigated.

The forum relied on the evidence and said it clearly established the bottle had the particles which could have been harmful for human consumption. The forum held the company guilty for deficiency in service and observed that it had supplied defective goods.



Source: TOI dated 8/3/2011


Su Mo Tu We Thu Fr Sa