‘Fast broken’ after drinking ‘moldy’ juice in pious month of Saavan, man wins Rs 70,000

The commission further directed the company to pay Rs 30,000 to the Kangra District Consumer Welfare Fund.

‘Black fungus’

The complainant stated that he had purchased a 1-litre pack of “Real Fruit Power Mosambi” juice from a shop on 26 July 2024. It was said that the product was manufactured by Dabur India in May 2024, with an indicated expiry date of November 2024.

While consuming it during his Saavan fast to stay hydrated, he noticed an unusual taste and, on examining the tetra pack, allegedly found a large quantity of black fungus inside. He claimed that consuming the contaminated juice broke his religious fast and caused him emotional and spiritual distress. The complainant alleged that Dabur offered only a replacement bottle, following which he approached the consumer commission.

Dabur denied any manufacturing defect and stated that internal control samples from the same batch met all quality and safety standards and that over 1.08 lakh units from the batch had been sold without any similar complaints. It further said that the complainant had failed to submit the product for laboratory testing as required.

Relief to customer

The commission noted that the complainant had produced the original sealed tetra pack before it at the time of filing the complaint and that, under its supervision, the sample was sent to a laboratory for scientific analysis. The laboratory reported the presence of suspended filthy lumps of mould-like growth and concluded that the beverage was unsafe for human consumption.

Rejecting Dabur’s reliance on its internal control samples, the commission held that laboratory testing of the actual product purchased by the consumer outweighed the manufacturer’s internal reports.

“The presence of filthy lumps of mould-like growth directly contradicts the express “Green Dot” representation on the packaging, which amounts to a misleading representation and an unfair trade practice under Section 2(47) of the Act. This breach of statutory assurance inherently causes deep emotional, religious, and cultural distress to a practicing vegetarian family, which does not require proof of actual physical illness to warrant compensation,” the commission said.

It held that the retailer had sold the product in its original, sealed tetra pack and the mold grew inside an airtight, factory-sealed container, therefore observed that it was an internal manufacturing and packaging defect.

Allowing the complaint, the commission directed the company to pay Rs 60,000 as compensation and Rs 10,000 as litigation expenses. It directed compliance within 45 days.