Chandigarh: Selling expired beer brews trouble for liquor store

The complainant took “The Liquor Estate” to court submitting that after purchasing four bottles of Hopper Witbier beer on July 10 last year and another four the next day, he started feeling unwell later that night

The District Consumer Disputes Redressal Commission-1 has slapped a ₹11,000 penalty on a Manimajra-based liquor store for selling expired beer to a customer that left him with food poisoning.

The complainant, Vishal Singhal, a resident of Sector 12, Panchkula, took “The Liquor Estate” to court, submitting that after purchasing four bottles of Hopper Witbier beer on July 10, 2023, for ₹280, and another four the next day, he started feeling unwell later that night.

He experienced stomach aches, vomiting, and developed symptoms of food poisoning.

Singhal, who suspected the beer was the culprit, eventually discovered that the beers sold to him were old, stale and expired, unfit for human consumption.

After undergoing an ultrasound and blood tests, he was shocked to be diagnosed with liver inflammation, which he blamed on the beer. He also underwent a gamma-glutamyl transferase (GGT) test, used to diagnose liver or bile duct issues, which revealed high concentration of toxins in his bile ducts.

To add to his woes, the beer bottles lacked important details like the maximum retail price, import dates, and contact information for the importer and distributor.

The opposite parties, including The Liquor Estate and Ozark Merchandising Pvt Ltd, contested the complaint, arguing that the receipt only showed the purchase of “four beers” and didn’t specify the brand.

They also pointed out that Singhal had no concrete proof connecting them to the sale.

A notice was also sent to Brindco Sales Pvt Ltd in New Delhi, but no one appeared on their behalf. Thus, they were proceeded against ex parte.

Meanwhile, the Belgian brewery behind the beer, De Brabandere, confirmed that the beer was manufactured in October 2021, exported in November 2021, and had a best-before date of January 6, 2023. They argued they couldn’t be held liable for the expired stock being sold in India.

The commission noted that the main grievance of the complainant was that after consumption of four Hopper Witbier beers, he felt uneasiness and stomachaches, and started showing symptoms of food poisoning. Later, he came to know that the beer bottles were manufactured on October 6, 2021. So he alleged that he was sold and supplied expired beer.

It further observed that the bill issued to the complainant was not in pursuance with Rule 5 of the Consumer Protection (General) Rule, 2020, and the opposite parties also indulged in unfair trade practices as per the Consumer Protection Act, 2019.

The commission, though, noted that the medical reports/tests did not definitively prove that the expired beer caused the food poisoning.

But for the lack of proper labelling and bill, it directed The Liquor Estate, Ozark Merchandising Pvt Ltd and Brindco Sales Pvt Ltd to jointly pay ₹6,000 for causing mental agony and harassment, apart from ₹5,000 for litigation costs.