Dead Worms,Webbing Inside Muesli Packet; Ernakulam District Commission Holds Manufacturer Liable
The District Consumer Disputes Redressal Commission, Ernakulam presided by Shri.D.B.Binu (President) , Shri. V.Ramachandran (member) and Smt.Sreevidhia.T.N ( member ) held M/s. Pagariya Food Products (Pvt) Ltd liable . It added that the presence of dead worms and webbing in a sealed food product clearly points to a gross deficiency in service as defined under Section 2(11) of the...
The District Consumer Disputes Redressal Commission, Ernakulam presided by Shri.D.B.Binu (President) , Shri. V.Ramachandran (member) and Smt.Sreevidhia.T.N ( member ) held M/s. Pagariya Food Products (Pvt) Ltd liable . It added that the presence of dead worms and webbing in a sealed food product clearly points to a gross deficiency in service as defined under Section 2(11) of the Consumer Protection Act, 2019.
It further directed the M /s. Pagariya Food Products (Pvt) Ltd to implement strict quality control mechanisms and avoid recurrence of such instances.
Facts of the Case;
The complainant purchased a sealed packet of 'KWALITY MIXED FRUIT MUESLI', weighing 700 grams, from M/s Bismi Hypermarket, Nettoor, Kochi, which was manufactured by M/s Pagariya Food Products( opposite party).
Upon opening the sealed packet and consuming a portion, the complainant noticed an unusual odour and later discovered dead worms and webbing inside the packet. The complainant reported the issue to the manufacturer , who merely responded by sending a replacement packet without addressing the health and safety concerns.
Dissatisfied, the complainant submitted a written complaint to the Food Safety Officer, Tripunithura. The laboratory tests confirmed the presence of dead worms, rendering the product unfit for consumption. Since the company was based out in Karnataka, the Food Safety Officer forwarded the report to central authorities for further action.
The complainant suffered mental agony, loss of trust in packaged food products, and disruption in his daily routine. With this grievance, the complainant approached the consumer Commission. The opposite party failed to file its version within the statutory period, and therefore, he was proceeded ex -parte .
Observation by the Commission:
The Commission observed that the opposite parties' conscious failure to file their written version in spite of having received the Commission's notice amounts to an admission of the allegations levelled against them. The presence of dead worms and webbing in a sealed food product clearly points to a gross deficiency in service as defined under Section 2(11) of the Consumer Protection Act, 2019. The lab report issued by the Regional Analytical Laboratory, Kakkanad, confirms the unfitness of the product for human consumption.
The commission pointed out that there is a gross negligence from the manufacturer by allowing a contaminated food product to reach the market. The discovery of a dead worm inside a sealed packet directly contradicts the manufacturers claims that the product is advertised and marketed as safe, hygienic, and of premium quality, It reveals serious lapses in quality control and food safety compliance, rendering the promotional assertions false and misleading.
The Commission referred series of judgments and relied on the principle laid down in Donoghue v. Stevenson [1932] AC 562, where the House of Lords established the foundational doctrine of product liability. The Court held that a manufacturer owes a duty of care to the ultimate consumer to ensure that the products placed in the market are free from harmful defects.
By allowing the complaint, the Commission directed the manufacturer to pay Rs. 265.50/- as the purchase price of the product to the complainant. And also, to pay Rs. 20,000/- as compensation and Rs. 10,000/- towards the cost of the proceedings. to the complainant
The Commission directed M /s. Pagariya Food Products (Pvt) Ltd , Opposite Party to implement strict quality control mechanisms and avoid recurrence of such instances.