In a case of selling expired food products, the District Consumer Disputes Redressal Commission, Ludhiana, has directed Walmart India Pvt Ltd to pay ₹10,000 as compensation to a consumer who was sold expired packaged chicken kebabs.
The complainant, Ravi, had approached the commission claiming that on August 18, 2024, he purchased four products, including a 500-gm packet of chicken seekh kebab priced at ₹106, from a Walmart outlet against a bill amounting to ₹545. However, to his shock, he discovered after reaching home that the chicken kebab had already expired a day earlier on August 17, 2024. As per the label, the product was to be consumed between November 18, 2023, and August 17, 2024.
The complainant submitted that the sale of expired food items was not only dangerous to health but also amounted to unfair trade practice and deficiency in service. He further alleged that this lapse caused him mental distress and physical discomfort, for which he also sent a legal notice to the opposite party on August 20, 2024, but received no response.
Despite being served summons, no representative from Walmart appeared during the proceedings, leading the commission to proceed ex-parte against them from February 13, 2025. During the course of proceedings, the complainant was also allowed to amend his complaint.
{{/usCountry}}Despite being served summons, no representative from Walmart appeared during the proceedings, leading the commission to proceed ex-parte against them from February 13, 2025. During the course of proceedings, the complainant was also allowed to amend his complaint.
{{/usCountry}}In support of his claims, Ravi submitted his affidavit and supporting documents, including the invoice and expired product details. The commission noted that the evidence remained unrebutted, as Walmart failed to contest the case.
In its final order, the bench led by president Sanjeev Batra and member Monika Bhagat observed that under Section 2(6)(v) of the Consumer Protection Act, selling expired goods constitutes an actionable wrong, especially when the product is hazardous to health. The panel also referred to relevant provisions of the Food Safety and Standards Act, 2006, which clearly state that no food item should be sold after its expiry.
The commission held that Walmart’s actions violated the complainant’s “right to safety”, causing him monetary loss and mental agony. As a result, it ordered Walmart to pay ₹10,000 as composite compensation within 30 days, failing which the company would have to pay 8% annual interest from the date of complaint till the actual payment is made.