Mumbai District Commission Holds Britannia Industries And Its Retailer Liable For Selling Contaminated Biscuit Packets
The District Consumer Disputes Redressal Commission, South Mumbai bench comprising Sadikali B. Sayyad, President and G.M Kapse, Member has held Britannia Industries Ltd. and its retailer liable for selling defective and contaminated biscuits. The bench granted a compensation of Rs. 1,50,000 to the complainant along with Rs.25,000 as litigation costs. Brief...
The District Consumer Disputes Redressal Commission, South Mumbai bench comprising Sadikali B. Sayyad, President and G.M Kapse, Member has held Britannia Industries Ltd. and its retailer liable for selling defective and contaminated biscuits. The bench granted a compensation of Rs. 1,50,000 to the complainant along with Rs.25,000 as litigation costs.
Brief facts:
The complainant purchased a packet of Good Day biscuits from a chemist shop- Ashok M Shah ('shop') which was manufactured by Britannia Industries Ltd. ('Britannia'). The shop is an authorised retailer of Britannia. On consumption, the complainant discovered a live worm embedded in the biscuit which led to nausea, vomiting and mental distress. The complainant then approached the Municipal Food Laboratory of BMC which, after testing the sample, issued a Food Analyst Report confirming the presence of extraneous matter in the biscuits.
A legal notice dated 04.02.2019 was issued by the complainant to Britannia. On not receiving any satisfactory reply, the complainant filed a complaint before the Mumbai District Commission praying for appropriate compensation.
Submissions of Britannia:
It was submitted that the complainant failed to produce the wrapper of the biscuit to establish any link to the manufacturing unit of Britannia. It was also submitted that the manufacturing processes of Britannia are International Standard for Organization (ISO) and Hazard Analysis Critical Control Point (HACCP) certified and also adhere to the highest standards of quality.
Submissions of the shop:
The shop denied any sale to the complainant since no receipt or wrapper was produced. It was submitted that the shop sells only sealed products from manufacturers and has no responsibility. It also submitted that the Food Analyst Report cannot be relied upon since it did not comply with Sections 46-49 of the Food Safety and Standards Act, 2006.
Observations of the Commission:
The bench relied upon the food analyst report which confirmed that the biscuit was unfit for human consumption and held that the product was contaminated. It was observed that the report remained unchallenged by Britannia and the shop owner through any expert evidence which proves a defect in the biscuits.
It was further observed that Britannia has failed in its duty to ensure safety and quality of food articles as provided under Food Safety and Standards Act, 2006. The bench noted that the shop owner also failed to exercise reasonable care by selling contaminated products. Thus, both Britannia Industries and its retailer-shop were jointly held liable for unfair trade practice and deficiency in service.
Hence, the complaint was allowed with following reliefs:
- Rs. 1,50,000 as compensation for mental agony, harassment and physical discomfort.
- Rs. 25,000 as litigation costs
All amounts were ordered to be paid jointly by Britannia and its retailer.
Case Title: Inderpreet Kaur Dhillon vs Britannia Industries Ltd.
Case number: Consumer Complaint 112/2019
Advocate for Complainant: Pankaj Kandhari
Advocate for Opposite Party No.1 (Britannia): R.D Khare
Advocate for Opposite Party No.2 (Shop): A.M Sayyad
Date of Decision: 27.06.2025