A family in Kerala allegedly fell ill after consuming food bought to break their Ramzan fast, with a consumer commission holding the hypermarket responsible for selling contaminated food and ordering it to pay Rs 60,000 to the complainant.
According to a report by Indian Express, the Malappuram District Consumer Disputes Redressal Commission found deficiency in service after the hypermarket failed to produce evidence showing that the food sold to the family was hygienic and fit for consumption. The commission ordered Rs 50,000 as compensation and Rs 10,000 towards litigation costs. President Mohandasan K and members Preethi Sivaraman C and Mohamed Ismayil C V passed the order.
Family fell ill after breaking fast
According to the IE report, the woman and her family had purchased food items from the hypermarket to break their Ramzan fast. The items included “beef liver pepper, beef roast and chicken 65”.
The complaint alleged that around 30 minutes after eating the food, the woman’s daughter developed abdominal pain, nausea and loose motions. Other members of the family also reportedly experienced similar symptoms.
The woman’s daughter subsequently approached a food safety officer regarding the incident.
The complainant later alleged that the hypermarket and one of its employees retaliated against the family on social media and threatened them. She then approached the consumer commission seeking compensation.
Hypermarket denied allegations
The hypermarket denied that it had supplied contaminated food and maintained that the products sold to the family were of good quality. Its counsel also disputed the medical evidence produced by the complainant, alleging that the prescriptions had been fraudulently obtained to damage the establishment’s reputation.
The consumer commission, however, found that the hypermarket had not produced evidence demonstrating that the food items supplied to the complainant’s family were hygienic and fit for consumption.
Food safety records weighed against hypermarket
The commission also examined records obtained from the food safety authorities. The records showed that officials had inspected the establishment on multiple occasions and had detected unsafe food items, IE reported.
The commission also took note of proceedings before the sub-divisional magistrate, which showed that the hypermarket had previously been fined Rs 5 lakh by authorities for selling unsafe food. The consumer forum considered this material while assessing the complaint.
It concluded that the evidence supported the allegation that contaminated food had been sold and that the complainant’s family had suffered physical discomfort as a result.
Commission finds deficiency in service
The commission held that the sale of contaminated food amounted to “deficiency in service”.
It also took into account the alleged conduct of the establishment following the complaint, observing that the incident had caused mental agony, inconvenience and hardship to the family.
“The commission finds that the opposite party has committed deficiency in service towards the complainant, as a result the complainant, her husband and two minor children had suffered physical discomfort,” the commission said in its order, Express reported.
The hypermarket was directed to pay Rs 50,000 as compensation and Rs 10,000 towards litigation costs.
Takeaway
The ruling underlines that food sellers have a responsibility to ensure that products sold to consumers are “safe and fit for consumption”. If you think you became ill after eating food from a restaurant, supermarket or other seller, keep the bill, medical prescriptions, food samples if possible, and any food-safety complaints or other records. These can help establish what happened and when.
The case also shows that a consumer complaint can result in compensation for the physical discomfort suffered by the consumer and family, along with the associated mental agony and hardship, where deficiency in service is established.