Chennai: The District Consumer Disputes Redressal Forum, Chennai (North), has slapped a fine of Rs 55,000 on a leading supermarket chain for selling snacks to a person 13 days after the expiry period. His family members became sick after consuming the snacks, the petitioner alleged.
The bench comprising president K. Jayabalan and member T. Kalaiyarasi, said the firm failed to check the expiry date of products periodically and the snacks sold to complainant nearly after 13 days after expiry period.
In the petition, N. Veeramani of Thiruvottiyur, submitted that on December 13, 2012, he purchased food products including Nillg Sd Aloo Bhujia 100 gms mixture and Nillg Jelly Bites Diamond for Rs 331 from “Nilgiris Supermarket” run by VVV Enterprises, Royapuram. He said supermarket comes under supervision and control of Director, the Nilgiris Dairy Farm Private Limited, Ashok Nagar, which operates the supermarket chain in South India.
On December 17, 2012, Veeramani, his daughter Nandhini, son Nandakumar and his sister’s sons Joseph and Seemon consumed the snacks. Immediately, they developed stomach pain and vomited and rushed to hospital. They were treated as inpatient for a day and spent Rs 12,000 towards medical expenses.
Later, he found that food products were originally packed on October 1, 2012 and Aloo Bhujia was fit for eating before 60-days of packing. The Jelly Bites Diamond packed on September 29, 2012.
After discharge from the hospital he informed proprietor about the incident and asked him to replace the other expired products and to compensate the loss.
The proprietor refused to consider the request. In the petition he sought compensation from proprietor, VVV Enterprises, Nilgiris Franchisee and Nilgiris Dairy Farm Private Limited, for selling food products after the expiry period.
Denying the allegations, the proprietor of VVV Enterprises submitted that he was not aware of Veeramani and the complainant must prove the facts. The supermarket did not sell expired products.
Director of Nilgiris Dairy Farm Private Limited submitted that franchisee alone was solely responsible to take all steps to comply with all applicable laws, rules, regulations/notifications including shops and Establishments Act and relevant quality control and safety regulations as laid down under any law. If the complainant had seen the expiry date, he should have avoided purchasing the product.
The bench said to curb such an unfair trade practice, a heavy compensation has to be awarded to the complainant. Holding the proprietor and director responsible for committing unfair trade practice the bench directed them to pay Rs 55,000 to Veeramani in six weeks.
