Manufacturer to pay for worm-infested dog food
TNN
Chandigarh: A Chandigarh-based advocate has won a consumer case against a leading pet food manufacturer after discovering live worms inside a sealed packet of dog food meant for her seven-year-old Labrador.
The District Consumer Disputes Redressal Commission, Chandigarh, directed the company to refund the cost of the product and pay compensation after holding the company guilty of deficiency in service and unfair trade practice.
According to the complaint, advocate Himani Jamwal had purchased a jar of calcium sausages along with other pet supplies from a local store on April 28, 2023. Barely nine days later, when she opened one of the sealed sausage pieces to feed her pet, she was shocked to find it rotten and infested with live worms.
Jamwal immediately photographed and recorded videos of the contaminated product before contacting the company’s customer care department through WhatsApp and email. She alleged that despite purchasing a properly sealed product that was well within its expiry date, the food was unfit for consumption.
The company acknowledged receiving the complaint and apologised in an email, while requesting that the affected sample be returned for examination. However, it later argued before the consumer commission that the infestation may have occurred because the product was not stored in a cool and dry place after purchase.
Rejecting the defence, the commission observed that the company itself had earlier accepted responsibility for the shortcoming and suggested that the infestation could have occurred during transit. The bench noted that the manufacturer failed to produce any evidence proving improper storage by the consumer.
“The plea of improper storage is speculative and cannot be relied upon,” the commission observed.
The company also argued that the complainant had not produced any veterinary record showing that the food caused illness to her dog. The commission dismissed this contention, noting that the complaint primarily concerned the defective quality of the product and not any medical injury.
The commission further noted that the dog food packet, packed in Sept 2022 and carrying a shelf life of 24 months, was being used well within the prescribed period. Photographs submitted by the complainant clearly showed infestation in the product, it observed.
Holding the manufacturer negligent, the commission ordered the company to refund rupees 540, the cost of the product, along with 6% annual interest from the date of purchase. It also directed the company to pay ₹10,000 towards compensation for harassment and litigation expenses.
The District Consumer Disputes Redressal Commission, Chandigarh, directed the company to refund the cost of the product and pay compensation after holding the company guilty of deficiency in service and unfair trade practice.
According to the complaint, advocate Himani Jamwal had purchased a jar of calcium sausages along with other pet supplies from a local store on April 28, 2023. Barely nine days later, when she opened one of the sealed sausage pieces to feed her pet, she was shocked to find it rotten and infested with live worms.
Jamwal immediately photographed and recorded videos of the contaminated product before contacting the company’s customer care department through WhatsApp and email. She alleged that despite purchasing a properly sealed product that was well within its expiry date, the food was unfit for consumption.
The company acknowledged receiving the complaint and apologised in an email, while requesting that the affected sample be returned for examination. However, it later argued before the consumer commission that the infestation may have occurred because the product was not stored in a cool and dry place after purchase.
Rejecting the defence, the commission observed that the company itself had earlier accepted responsibility for the shortcoming and suggested that the infestation could have occurred during transit. The bench noted that the manufacturer failed to produce any evidence proving improper storage by the consumer.
The company also argued that the complainant had not produced any veterinary record showing that the food caused illness to her dog. The commission dismissed this contention, noting that the complaint primarily concerned the defective quality of the product and not any medical injury.
The commission further noted that the dog food packet, packed in Sept 2022 and carrying a shelf life of 24 months, was being used well within the prescribed period. Photographs submitted by the complainant clearly showed infestation in the product, it observed.
Holding the manufacturer negligent, the commission ordered the company to refund rupees 540, the cost of the product, along with 6% annual interest from the date of purchase. It also directed the company to pay ₹10,000 towards compensation for harassment and litigation expenses.
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