Piece Of Glass Found Inside Kingfisher Beer, Palakkad District Commission Holds United Breweries Limited Liable

Brief Facts:

The Complainant bought a Kingfisher Storm super premium beer from the outlet of Kerala State Beverages (M&M) Corporation. Upon examining the bottle from the outside, he found the presence of a hard piece of glass inside it. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Palakkad, Kerala (“District Commission”) against the manufacturer of Kingfisher beer, United Breweries Ltd. and Kerala State Beverages (M&M) Corporation.

In response, United Breweries argued that the beer bottles undergo rigorous procedures to maintain pristine conditions before filling and sealing. It argued that the presence of glass suggested that there was a possible tampering which created an intentional cause of action. It contended for dismissal of the complaint on these grounds.

Kerala State Beverages (M&M) Corporation argued that the Complainant did not purchase the beer from its store. It maintained that it was not liable to compensate the Complainant in any manner.

Observations by the District Commission:

The bottle was produced before the District Commission. The District Commission visually examined the bottle and noted observations such as the visible presence of a solid particle inside and the undisturbed condition of the bottle cap which confirmed that it was not tampered with.

Therefore, the District Commission held that there was negligence on the part of United Breweries Limited in the bottling process, which led to the presence of a foreign particle in the bottle. However, the Complainant failed to substantiate with evidence the identity of the Seller of the bottle, as the bill presented was found to be a blank sheet of paper. Therefore, the District Commission dismissed the complaint against Kerala State Beverages (M&M) Corporation but held United Breweries Limited liable for deficiency in services.

The District Commission directed United Breweries Limited to pay Rs. 140/- for the price of the beer to the Complainant along with 10% interest. Additionally, it was directed to pay a compensation of Rs. 10,000/- to the Complainant for deficiency in service, and Rs. 2,500/- for the litigation costs.

Case Title: Abijith V vs United Breweries Limited and Ors.

Case Number: CC/57/2023

Date of Pronouncement: 18th June 2024