Retail giant fined Rs 55,000 for selling expired food products in Chennai

CHENNAI: Is it squarely the responsibility of a consumer to be “prudent enough” to check the manufacture and expiry date of an edible product? No, said a

consumer forum

here slapping Nigiris Supermarket and its franchisee with a fine of Rs 55,000 for selling expired food products, which resulted in a consumer’s family falling ill.

According to Veeramani of Thiruvottiyur, he purchased food products like Nilgiris Aloo Bhujia, 100g mixture and Nilgiris Jelly Bite Diamond worth Rs 331 from Nilgiris Dairy Farm Private limited’s franchisee, VV Enterprises at Royapuram on December 13, 2012. After consuming the products, Veeramani’s son and his sisters’ two sons suffered from stomach ache and vomiting. They were then admitted to a private hospital. After inspecting the packets, Veeramani found while the mixture was packed on October 1, 2012, the jelly bite was packed on September 29, 2012. The expiry clause said, ‘best before 60 days from packaging.’

Veeramani had to spend Rs12,000 for treatment at the hospital. He then approached VV Enterprises, asking them for compensation. The enterprises, however, refused. While Nilgiris dairy did not reply to his legal notice, VV Enterprises sent a “frivolous reply.” Veeramani then moved the district consumer disputes redressal forum, North Chennai.

Denying the arguments, VV Enterprises said it was not aware that Veeramani had purchased the products. The Nilgiris franchisee was selling various food products including the snack and sweet in sealed packets. The best before clause did not mean the product had expired after the mentioned date. Many consumers had purchased the products without any complaint. So the onus was upon Veeramani to prove he his family members fell ill after consuming the products.

Nilgiris dairy said it merely supplied food products to its franchisee. It did not have supervisory power over sales. The franchisee was responsible for complying with the applicable rules and notifications pertaining to quality control.

A bench of president

K Jayabalan

and member T

Kalaiyarasi

said the food products were 13 days beyond their ‘best before’ date. “The selling of food products beyond their expiry date is nothing but an unfair trade practice, said the bench adding “We hold VV Enterprises committed deficiency in services by adopting unfair trade practices to sell the food items.”

Highlighting the responsibility of Nilgiris dairy also, the bench said there was no specific evidence that it had not supplied expired food products to its franchise.

“To curb such unfair trade practice,” the bench then slapped Nilgiris dairy and its franchisee with a “heavy compensation” of Rs 50,000 as compensation for mental agony along with Rs 5,000 as case costs.