One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X placed an order worth ₹1,172 through XYZ Delivery Platform. The order included protein bars from Y.Brand Foods costing ₹540. Upon delivery to City A, Mr.X immediately consumed one bar but noticed an unusual rancid taste. Having purchased these bars previously, he recognized the product was clearly spoiled. After taking two bites, he stopped consumption due to the foul taste and smell. Mr.X realized he had received an expired product that posed serious health risks. The delivery platform had failed in their quality control measures, and the brand had supplied substandard goods. This incident raised concerns about food safety violations, consumer rights, and potential health complications from consuming rancid food products through online delivery services.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document everything immediately including photographs of the expired product, packaging, and delivery receipt. Preserve the remaining products as evidence without disposing them. Report the incident to the delivery platform’s customer service and demand immediate refund. File a complaint with consumer forum within the stipulated time frame to seek compensation for health risks and mental harassment.

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 274 deals with adulteration of food and drinks making them noxious. Section 275 covers sale of noxious food or drink. Section 294 addresses negligent conduct regarding poisonous substance. Under Bharatiya Nagarik Suraksha Sanhita (BNSS), provisions for consumer complaint procedures and investigation protocols apply. The Consumer Protection Act 2019 provides additional remedies. Food Safety and Standards Act 2006 violations also attract penalties for selling expired products through any platform.

If You Are the Complainant

• File complaint with consumer forum within 2 years from the date of incident
• Collect all evidence including order details, payment receipts, and photographs of expired product
• Demand refund and compensation from both delivery platform and brand manufacturer
• Report to Food Safety and Standards Authority if health complications arise
• Maintain medical records if any adverse health effects occur from consumption

If You Are the Victim

• Seek immediate medical attention if experiencing any adverse health symptoms
• Preserve remaining product samples without tampering for laboratory testing
• Document all medical expenses incurred due to consuming expired product
• Contact delivery platform’s grievance redressal mechanism within 24 hours
• File police complaint if serious health complications develop from consumption

How the Police Behave in Such Cases

Police typically treat such cases as consumer disputes initially and may direct complainants to consumer forums. However, if health complications arise or large-scale food poisoning occurs, they register FIR under relevant sections. Investigation involves collecting samples for laboratory testing and examining delivery chain records. Police coordination with food safety authorities becomes necessary for technical evidence collection and prosecution.

FAQs People Normally Have

Can I get compensation for expired food products? Yes, consumer forums award compensation for defective products including expired food items, covering refund and damages.

Who is liable – delivery platform or brand? Both parties can be held liable depending on circumstances. Platform has duty to ensure quality while brand is responsible for product safety.

What if no health issues occurred? You can still claim refund and compensation for mental harassment and breach of consumer rights even without physical health impacts.

What Evidence Is Required?

• Order confirmation and payment receipts from delivery platform
• Photographs of expired product showing manufacturing and expiry dates
• Screenshots of conversations with customer service representatives
• Medical reports if health complications developed
• Laboratory test reports of product samples if available
• Witness statements from family members who observed the incident
• Packaging materials and remaining product samples

How Long Will the Investigation Take?

Consumer forum cases typically take 6-12 months for resolution depending on complexity. Police investigation, if initiated, may take 2-3 months for filing charge sheet. Food safety authority investigations usually conclude within 30-45 days. Platform internal grievance redressal should respond within 7-15 days as per their policies.

Advocate Sudhir Rao, Supreme Court of India