Food bought to break Ramzan fast leaves family ill, hypermarket to pay Rs 60,000

Complaint, threat

According to the complaint, the complainant and her family members had purchased food items, including beef liver pepper, beef roast, and chicken 65 from the hypermarket to break their Ramzan fast. It was alleged that after 30 minutes of consuming the food, the complainant’s daughter developed abdominal pain, nausea and loose motion. Other members of the family also developed similar symptoms.

It was stated that the complainant’s daughter complained to the food and safety officer. The complainant alleged that, as a result, the hypermarket and one of its employees retaliated against them on social media and threatened them. Later, the complainant moved the consumer commission seeking compensation.

The hypermarket denied the allegations and argued that it had supplied good quality food. Its counsel argued that the medical prescriptions had been fraudulently procured to tarnish the establishment’s reputation.

The commission found that there was no evidence from the opposite party (hypermarket) to prove that the food items delivered to the complainant were hygienic and edible. It also relied on documents obtained from the food safety office showing that authorities had inspected the establishment on several occasions and detected unsafe food items.

The commission further noted that proceedings before the sub-divisional magistrate showed that the hypermarket had earlier been fined Rs 5 lakh by the authorities for the sale of unsafe food. It held that the sale of contaminated food by the hypermarket and later mischievous act on its part caused mental agony, inconvenience and hardship to the entire family of the complainant.

“The commission finds that the opposite party has committed deficiency in service towards the complainant, as result the complainant, her husband and two minor children had suffered physical discomfort,” the commission said. It, therefore, directed the opposite party to pay Rs 50,000 as compensation and Rs 10,000 as litigation costs to the complainant.

Takeaway

The case highlights that sellers must ensure that the food products they sell are safe and fit for consumption. It also underscores that consumers who suffer harm from contaminated food can seek compensation for the resulting physical discomfort, mental agony and hardship.

For consumer-related grievances, individuals can contact the consumer helpline in their respective states and Union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.