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 purchased A2 ghee from X.brand through an online marketplace. After using the product for several days, he discovered a dead insect embedded in the ghee while taking out a spoonful. He immediately photographed the contaminated product and contacted the company via email. The company initially requested batch numbers, FSSAI license details, and other product information. However, after Mr. X provided these details, the company stopped responding. When he followed up, they demanded video proof of the contamination. Eventually, the company offered a mere Rs. 300 coupon as compensation, which was grossly inadequate considering the health risks and mental trauma caused by consuming contaminated food products. This case represents a clear violation of food safety standards and consumer rights.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 - take clear photographs and videos of the contaminated product before disturbing it
- Preserve the contaminated product as evidence and store it safely
- File a complaint with the Food Safety Authority immediately as this constitutes a serious health hazard
- Demand proper compensation including medical examination costs and mental agony damages
Applicable Sections of Law
Under the Bharatiya Nyaya Sanhita (BNS), Section 274 deals with adulteration of food, while Section 275 covers sale of noxious food. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides procedural guidelines for filing complaints. Additionally, the Consumer Protection Act 2019 provides remedies for defective goods and deficient services. The Food Safety and Standards Act 2006 specifically addresses food contamination issues. Companies can face imprisonment up to six months and substantial fines for such violations. The manufacturer is strictly liable for selling contaminated food products that pose health risks to consumers.
If You Are the Complainant
- File a complaint with the local Consumer Forum within two years of discovering the defect
- Submit a complaint to the Food Safety Officer of your area for immediate action
- Collect and preserve all evidence including product packaging, bills, and contaminated samples
- Document any health issues or medical consultations resulting from consumption
- Calculate actual damages including product cost, medical expenses, and compensation for mental agony
If You Are the Victim
- Immediately stop consuming the product and seek medical attention if you have already consumed contaminated food
- Report the incident to online marketplace platforms where the product was purchased
- Share your experience on consumer forums and social media to warn other potential buyers
- Join hands with other affected consumers if this is a batch-wide contamination issue
- Demand full refund plus damages rather than accepting inadequate coupon offers
How the Police Behave in Such Cases
Police typically treat food contamination cases seriously as they involve public health and safety. They may coordinate with Food Safety Officers for joint investigations. Initial response often includes collecting samples for laboratory testing. Police documentation focuses on potential criminal liability under BNS provisions. They generally advise victims to simultaneously pursue consumer forum remedies. Investigation may expand to manufacturing facilities if contamination appears systematic rather than isolated.
FAQs People Normally Have
Can I demand compensation beyond product replacement? Yes, you can claim damages for mental agony, medical expenses, and loss of time under Consumer Protection Act.
Is the company criminally liable? Yes, selling contaminated food constitutes an offense under BNS Sections 274-275 with imprisonment and fine provisions.
Should I accept coupon compensation? No, coupons are inadequate for food safety violations. Demand full monetary compensation including damages.
What if the company refuses to respond? File complaints with Consumer Forum, Food Safety Authority, and consider criminal charges simultaneously.
What Evidence Is Required?
- Clear photographs and videos of the contaminated product showing the foreign object
- Original product packaging with batch numbers, manufacturing dates, and FSSAI license details
- Purchase receipt or invoice showing transaction details
- Email correspondence with the company regarding the complaint
- Medical reports if health issues resulted from consumption
- Witness statements from family members who observed the contamination
- Laboratory analysis report of the contaminated sample if available
How Long Will the Investigation Take?
Consumer Forum proceedings typically take 6-12 months for disposal. Food Safety Authority investigations usually complete within 2-3 months. Criminal cases under BNS may take 1-2 years depending on complexity. Company internal investigations often conclude within 15-30 days. Laboratory testing of samples requires 2-4 weeks. Overall resolution through multiple forums may take 6-18 months for complete justice.
Advocate Sudhir Rao, Supreme Court of India