Cold drink sold a day after expiry, retailer ordered to pay Rs 10,000 compensation

Why did commission awarded compensation?

According to the complaint, the complainant had visited an outlet on July 30, 2025 and purchased a cold drink bottle priced at Rs 69.30 along with other items, paying Rs 116.05. It was stated that after reaching home, she noticed that the product carried a “best before” date of July 29, 2025, making it expired by the date of purchase.

The complainant said that she approached the store and later sent a legal notice to the retailer but received no response. She then approached the consumer commission, seeking a refund of the product price, Rs 2 lakh in compensation and Rs 3,500 towards litigation expenses.

The retailer argued that merely producing the bill did not establish that the expired bottle shown in the photographs was the same product purchased under that transaction. It claimed that the bottle could have been purchased during an earlier transaction or from another store. The retailer also alleged that the complaint was part of a series of similarly structured cases and suggested that the complainant and her associates had deliberately linked expired products to genuine bills to claim disproportionate compensation.

The commission observed that the retailer claimed to have “robust and well-established inventory management and compliance systems”, including automated billing and stock-retention mechanisms. It said the retailer could therefore have produced details such as the batch number, manufacturing date and expiry date of the product sold under the invoice.

“The best evidence which was in their power and possession has been withheld,” the commission said. It remarked that the retailer was fully aware and conscious of the fact that the product offered for sale to public, contravened the standard of safety relating to product and that it was unsafe for sale to public and its consumption.

The commission thus held it liable for selling expired product to the complainant and directed it to refund the price of the cold drink and pay Rs 10,000 as compensation and costs.

Takeaway

The case highlights that consumers have a right to safety and retailers cannot escape responsibility for selling expired products. Retailers are expected to maintain proper inventory and product records and ensure that expired items are not offered for sale.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Punjab: 0172-269-3737) or call the National Consumer Helpline at 1915 for assistance.

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