Cuttack District Commission Holds Vishal Mega Mart Liable of Selling Expired Products, Orders To Compensate Buyer, Pay Rs. 5 Lakhs To State Welfare Fund

Brief Facts:

Dr Sunil Kumar Rath (“Complainant”) purchased a 1 kg Bikano All Time Mixture Packet from Vishal Mega Mart and paid an MRP of Rs. 202 for it. Upon inspection after the purchase, the Complainant discovered that the product had already expired. Furthermore, the Complainant claimed that he had previously bought expired products from the store and had consciously requested the store to remove the expired items but the request was met with refusal every time. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Cuttack, Odisha (“District Commission”).

In response, Vishal Mega Mart argued that the Complainant filed the case with malafide intentions to tarnish the reputation and goodwill of the store. It adhered to standard operating procedures (SOP) and internal policies, placing products nearing expiration on various discount ranges. However, it contended that they remove products that have already expired from the store.

Observations by the Commission:

The District Commission noted that the item purchased by the Complainant clearly stated that the product had expired three days before it was purchased by him. Referring to the argument of Vishal Mega Mart that it should be the buyer who needs to be aware (Caveat emptor), the District Commission noted that the Consumer Protection Act, 2019, renders the doctrine of "Caveat Emptor" obsolete. Under the Act, the seller must ensure that the product is genuine in quality, quantity, and efficacy, and it should carry information such as the date of manufacture, expiry, weight, and price.

Therefore, the District Commission ruled in favour of the Complainant and held Vishal Mega Mart liable for unfair trade practices and deficiency in service. Consequently, it directed Vishal Mega Mart to refund Rs. 202/-, pay a compensation of Rs. 20,000/- for mental agony and harassment, and Rs. 30,000 towards the cost of litigation incurred by the Complainant. Considering the adoption of unfair trade practices, it was also directed to cease such practices immediately. Moreover, it was instructed to pay Rs. 5,00,000/- to the State Consumer Welfare Fund for engaging in unhealthy trade practices.

Case Title: Dr. Sunil Kumar Rath vs The Manager, Vishal Mega Mart

Case No.: C.C.No.161/2023

Advocate for the Complainant: Complainant In Person

Advocate for the Respondent: S.K. Barik

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