Selling expired noodles costs retail giant Rs 2.8 lakh after man suffers food poisoning

The commission was hearing a complaint filed by one P Sravan Kumar, a resident of Kurnool, who allegedly claimed that he developed food poisoning the same night after eating the said noodles. 

Noodle nightmare

The man had purchased two packets of Maggie Atta Instant Noodles from the store on March 20, 2025, at around 8.48 pm. He consumed them the same night and allegedly soon developed fever, vomiting and stomach pain, for which he was treated at a nearby hospital and was subsequently diagnosed with food poisoning. 

When he checked the remaining packet, he found the noodles had an expiry date of March 18, 2025, two days before he bought them. The man claimed that he had no prior health issues and had been a regular customer at the store.

The man sent a legal notice to the store on December 15, 2025, seeking redressal, but the matter was not resolved amicably, following which he approached the commission on March 13, 2026.

He backed his complaint with six exhibits: the expired noodles packet itself, the tax invoice from Vishal Mega Mart dated, a PhonePe transaction record for the same date, a medical prescription, the legal notice, and the postal tracking report showing the notice was served.

The man was represented by advocate R J Sarveshwar, who argued that selling an expired food product amounted to negligence, deficiency in service and an unfair trade practice. He further claimed that the food poisoning that followed allegedly caused his client physical suffering, medical expenses and mental agony.

‘Consumer welfare paramount’

The commission found that the medical records produced by the complainant clearly established that he suffered from food poisoning immediately after consuming the said noodles. 

It was also noted that Airplaza Retail Holding Private Limited (Vishal Mega Mart) did not appear despite being served with a notice. The commission, therefore, proceeded ex parte and decided the case on the complainant’s evidence alone, which remained unchallenged throughout the proceedings.

In the absence of any rebuttal from Vishal Mega Mart, it found no reason to disbelieve the complainant’s version and held that selling expired food reflected gross negligence and a clear deficiency in service.

Observing that money collected through the sale of expired products amounted to unjust enrichment (wrongful profit) at the cost of the general public, the commission held that such amounts should go toward consumer welfare rather than stay with the seller.

However, the commission also directed the store to pay Rs 30,000 to the man, pointing out that he is entitled to appropriate compensation considering the physical suffering and mental agony caused to him.

Costly bite

The commission ordered Vishal Mega Mart to pay Rs 25,000 to the man as compensation for mental agony along with a payment of  Rs 5,000 towards litigation costs. It was further directed that the store should deposit Rs 2.5 lakh to the Andhra Pradesh Chief Minister’s Relief Fund as punitive damages for selling expired food and endangering public health.

The commission stated that the store should pay the entire amount within 45 days of receiving the order.

If the deadline is missed, the commission added that an outstanding amount will carry 9 per cent annual interest from the date of the order until it is paid.

Takeaway

This ruling highlights that retailers cannot sell expired food products to unsuspecting consumers and walk away without consequence, particularly when the sale endangers public health and safety.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Andhra Pradesh: 0866-2551431) or dial the National Consumer Helpline at 1915 for assistance.

Written by Avinash Verma (Avinash is an intern with The Indian Express)