The District Consumer Disputes Redressal Commission, Panchkula (Haryana), led by Sh. Satpal (President) and Dr. Sushma Garg (Member), has held the ’24 Seven’ store accountable for engaging in unfair trade practices by selling expired food products.
Case Summary:
The complainant purchased groceries, including a bag of Kari & Kari (Japanese Premium Snacks), from ’24 Seven’ for Rs. 349/-, with the snack priced at Rs. 99/-. The snack’s packaging indicated a manufacturing date of 23.04.2021. However, the product was sold on 11.07.2022, well past its expiry date of 22.04.2022.
After consuming the expired snack, the complainant fell ill with food poisoning, which caused him to be bedridden for three days. As a prominent businessman, he faced significant financial losses due to his inability to attend a scheduled business meeting with Barista Coffee Company in Chandigarh. He sent a legal notice to the store on 13.07.2022, seeking compensation for the mental distress, physical suffering, and financial impact, but received no response. Consequently, the complainant filed a case with the District Consumer Disputes Redressal Commission, Panchkula, and the store was proceeded against ex-parte for failing to appear.
Commission’s Observations:
The Commission found that the store sold the snack beyond its expiry date. The complainant alleged that the store had tampered with the expiry date to mislead consumers, a claim supported by evidence from a comparable product with an intact expiry date.
The Commission highlighted that sellers are obligated to check expiry dates before selling edible products. Selling expired items can lead to serious health issues, such as food poisoning. The Commission condemned the store’s actions as unfair trade practices and a breach of consumer trust.
Given the store’s lack of response and the uncontested evidence, the Commission held the store liable for both service deficiency and unfair trade practices. It ordered the store to refund Rs. 99/- to the complainant with 9% interest per annum from the purchase date. The store was also directed to pay Rs. 5,000/- for mental anguish and harassment, Rs. 5,500/- for litigation costs, and Rs. 10,000/- in punitive damages to the Poor Patient Welfare Fund (PPWF).
Furthermore, the Commission issued a warning to the store against future unfair practices and mandated the publication of the order to enhance consumer awareness and prevent similar incidents.
Posted and reproduced in Public Interest by
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