The CDR Fora of North Chennai district termed that both the retail giant and its franchisee are responsible for selling date expired foods to consumers. It directed NILGIRIS the retailer and the franchisee to jointly pay an amount of Rupees One Lakh to family Mr. V eeramani of Tiruvottiyur.

Based on the promise of “Nilgiris” to sell high quality snacks, Mr. Veeramani bought aloo bhujia, Mixture, jelly bite diamonds worth Rs.331 from V.V. Enterprises, a franchisee of Nilgiris in Royapuram, Chennai in December 2012.

But soon after consuming the stuff, Veeramani’s son and his sister developed stomach ache and vomiting and were admitted in a private hospital. When he checked the packets, he was horrified to find out the food were packed on 1st October 2012 and were best for only 60 days from the date of manufacture.

Veeramani spent of Rs.12,000/- for treating the two at the hospital. When he approached the shop seeking compensation, he was denied any payment. His contact with NILGIRIS was of no use despite a legal notice. He approached the North Chennai district consumer redressal forum for remedy.

While V.V. Enterprises sent a frivolous reply, the NILGIRIS shied away from the responsibility saying that once the product was sold to the franchisee, this forum has no supervisory powers over the sales and only the franchisee was responsible.

NILGIRIS said that the consumer was not “prudent enough” to check the use by date and therefore, they were not guilty of any case of cheating. The bench said the food products were 13 days beyond their “best before” date and so the sale beyond the date amounted to unfair practice. High lighting the responsibility of NILGIRIS dairy, the bench said there was no evidence to prove that the stock was sent to shop, sufficiently in advance.

For such unfair practices, the CDRF imposed a penalty of Rs.50,000/- along with case cost of Rs.5000/-
Courtesy: Times of India 30/12/2016

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