E-Paper
Retail store to pay punitive damage of ₹10k for selling snacks past expiration date
Ruling that 24 Seven, Mansa Devi Complex, Sector-5, Panchkula, “by indulging into unfair trade practice, had sold the eatable items--Kari & Kari to the complainant beyond its expiry date,” the district consumer commission, directed the retail store to deposit ₹10,000 punitive damages in the account of the poor patient welfare fund (PPWF), Post Graduate Institute of Medical Education & Research, Chandigarh
The Panchkula district consumer disputes redressal commission fined a retail store ₹10,000 for selling snacks past their expiration date. The panel also directed the commissioner of food and drugs administration, Haryana, to take action.
Ruling that 24 Seven, Mansa Devi Complex, Sector-5, Panchkula, “by indulging into unfair trade practice, had sold the eatable items--Kari & Kari to the complainant beyond its expiry date,” the district consumer commission, directed the retail store to deposit ₹10,000 punitive damages in the account of the poor patient welfare fund (PPWF), Post Graduate Institute of Medical Education & Research, Chandigarh.
The directions were issued on complaint of a Bhatinda based businessman, Avneet Singh Dhillon, who fell sick due to food poisoning after consuming the expired snacks purchased from the retail store.
“In fact, the seller of a product, particularly of eatable items, cannot be absolved of his basic duty to make proper and adequate checking/verification qua their expiry date before the sale of the same to the consumers and, under no circumstances, he can be permitted to play havoc with the health of the consumers by selling the product beyond the expiry date. Needless to mention here that the eatable items if consumed by a consumer after its expiry date may prove fatal and dangerous to his health causing adverse impact thereon,” ruled the consumer commission.
The commission also directed the Commissioner, Food and Drugs Administration, Haryana, Sector-5, Panchkula to take adequate and necessary steps against the defaulting seller.
“Therefore, we conclude that the 24 Seven, Mansa Devi Complex, Sector-5, Panchkula, was not only deficient but it also indulged into unfair trade practice by selling the eatable items to the complainant beyond the expiry date,” ruled the consumer commission while directing the retail store to refund a sum of ₹99 with 9% interest till its actual realization along with ₹5,000 on account of mental agony and harassment and ₹5,500 as litigations charges.
The district consumer commission also directed the store “to refrain from adopting of such unfair trade practice, in future”, while warning the store, “if it is found in future to have indulged into unfair trade practice like selling of product beyond the expiry date or without issuing any bill etc. than in that eventuality, it shall be burdened with heavy punitive damages”.
Complainant fell sick owing to food poisoning
In his complaint, Avneet Singh Dhillon from Bathinda, said that he had purchased some items of grocery from store --- 24 Seven, in Mansa Devi Complex, on July 11, 2022 amounting to ₹349. It is alleged that one item--Kari & Kari (Japanese Premium Snacks)--worth ₹99. Its expiry date was April 22, 2022.
He said that he fell ill after the consumption of the said chips/snacks and remained bed-ridden for three days after being diagnosed with food poisoning and could not attend his meetings. The complainant pointed out that the store had deliberately had erased the last word of the year pertaining to expiry date on the bag.
The retail store --- 24 Seven, in Mansa Devi Complex, Sector-5, Panchkula, was proceeded ex-parte and none appeared on their behalf despite services of notice.
