Man bought Diwali sweets, got ‘stale’ soan papdi, wins Rs 15,000

Case

According to the complainant, he had purchased around a dozen packets of dry fruits and 45 boxes of Soan Papdi from the kirana store on October 26, 2024, to distribute as Diwali gifts. He alleged that the sweets were old, rotten, foul-smelling, powdery and contained worms, making them unfit for human consumption. He further claimed that the sealed packets were wrinkled and that the original manufacturing date had been erased and replaced with a fresh 2024 date.

The complainant said he returned the sweet boxes to the shopkeeper, who promised to replace them but failed to do so. He retained a few boxes as evidence and claimed he had to compensate employees who had received the defective sweets as gifts. He also approached the manufacturer and the Delhi Health Department with complaints.

He sought a refund of Rs 5,625, reimbursement of expenses incurred on replacement gifts, compensation for mental agony, litigation costs and Rs 1 lakh towards loss of reputation.

The commission noted that neither opposite party effectively contested the allegations. The kirana store was proceeded against ex parte, while the manufacturer’s written reply was not taken on record as it was filed beyond the prescribed time.

The commission found that the manufacturing date on the sweet boxes had been obliterated, depriving the consumer of the opportunity to verify the product’s freshness and shelf life. It also observed that photographs submitted by the complainant showed the sweets crumbling and appearing unfit for consumption.

Observing that consumers have a legitimate expectation that food products sold to them are safe and of acceptable quality, the commission said supplying stale or unfit food exposes consumers and their families to potential health hazards.

Holding the kirana store guilty of selling a defective product, it directed the store to refund Rs 1,250, the price of the Soan Papdi, with 7 per cent annual interest from the date of purchase, October 26, 2024, until payment. It also awarded Rs 15,000 as compensation. “Order to be complied with 60 days failing which the entire order will carry interest of 8% from date of Order till realization,” the commission ordered.

Takeaway

Consumers have the right to expect food products sold in the market to be fresh, safe and properly labelled. If a seller supplies stale or defective food, especially where manufacturing details are tampered with or erased, it amounts to a deficiency in service and unfair trade practice.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Delhi: 1800-11-4000) or call the National Consumer Helpline at 1915 for assistance.