Mr. Alok Verma and his family were having dinner at a popular franchise, ‘Urban Eats,’ in the bustling city of Vikasnagar. It was a place they visited occasionally. During the meal, Mr. Verma, who is careful about his diet due to some health concerns, felt a hard object in his mouth. To his shock, it was a small, sharp stone mixed in with his food. He immediately brought it to the attention of the restaurant staff, causing a minor commotion. The manager apologized and offered to replace the dish, but the family was deeply concerned about the lapse in food safety and hygiene. The incident left them wondering about the legal remedies available in India for such a serious issue, beyond what is often portrayed dramatically in movies and TV shows.

Advice in such cases

Discovering a foreign object in your food can be a distressing experience. It is not just unappetizing but also poses a significant health risk. If you find yourself in this situation, it is crucial to act promptly and systematically.

• Preserve the Evidence: Do not discard the food or the foreign object. This is your primary piece of evidence. Take clear photographs and videos of the contaminated dish, the object, the restaurant bill, and the restaurant’s premises.
• Inform the Management: Immediately notify the restaurant manager or the person in charge. Do this calmly and clearly. Note down the name of the person you spoke to and the time of the incident.
• Document Everything: Write down a detailed account of the incident, including the date, time, what you ordered, and what you found. If there were other people with you, their testimony can act as witness accounts.
• Seek Medical Attention: If you have ingested any part of the contaminated food or injured yourself (e.g., a chipped tooth), visit a doctor immediately. A medical report will be crucial evidence if you decide to pursue legal action for compensation.
• 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 of 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.

Applicable Sections of Law

Several laws in India protect consumers from unsafe and adulterated food. The primary legal frameworks you can rely on are:

• The Consumer Protection Act, 2019: This Act is your strongest ally. Selling contaminated food is considered a “deficiency in service” and the provision of an “unsafe” product. You can file a complaint in the appropriate Consumer Commission (District, State, or National, depending on the value of the claim) to seek compensation for the financial loss, mental agony, and any medical expenses incurred.
• The Food Safety and Standards Act, 2006 (FSSA): This Act governs food safety in India. Under this law, selling food that is unsafe for consumption is a punishable offense. You can file a complaint with the Food Safety Officer of your area, who is empowered to inspect the restaurant, collect food samples for testing, and initiate legal proceedings against the establishment if the food is found to be non-compliant with safety standards.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the consumption of the contaminated food leads to an injury or health issue, provisions of the BNS could be invoked. For instance, Section 119 of the BNS deals with causing hurt by a rash or negligent act. While direct police action is less common in such cases unless the injury is severe, this legal provision underscores the gravity of such negligence.

If you are the complainant

As the person lodging the complaint, you must follow a structured approach to build a strong case.

• Send a Legal Notice: Before approaching a consumer court, it is advisable to have a lawyer send a formal legal notice to the restaurant. The notice should detail the incident, the deficiency in service, and the compensation you are seeking. Often, this can lead to a settlement without prolonged litigation.
• File a Complaint with the FSSAI: You can lodge a complaint through the FSSAI’s online portal or app. This will trigger an official investigation by the food safety authorities into the restaurant’s hygiene and safety practices.
• Approach the Consumer Commission: If the restaurant does not respond satisfactorily to the legal notice, you can file a formal complaint with the Consumer Commission. You can do this yourself or through a lawyer. Ensure you attach all evidence, including bills, photos, and medical reports.
• 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 of 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.

If you are the victim

If you have suffered a physical injury or illness as a result of consuming the contaminated food, your case becomes significantly more serious. Your priority should be your health and documenting the harm caused.

• Immediate Medical Care: Your first step must be to seek medical treatment. Explain the cause of injury to the doctor so it can be accurately recorded in your medical file.
• Preserve Medical Records: Keep all medical records, including doctor’s prescriptions, diagnostic reports, and bills for treatment, safe. These documents are vital to prove the extent of the harm you suffered and to claim compensation for medical expenses.
• Claim for Damages: As a victim, you can claim compensation not only for the cost of the food and medical treatment but also for the physical pain, mental trauma, and any loss of income you may have suffered due to the illness or injury.
• 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 of 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.

How the police behave in such cases

Typically, the police do not get directly involved in cases of finding foreign objects in food unless a serious criminal offense is apparent. The primary authorities for such matters are the Food Safety and Standards Authority of India (FSSAI) and the Consumer Commissions. You should approach the police only if the restaurant management becomes aggressive or threatening, or if the act of contamination is suspected to be deliberate and malicious, potentially causing grievous hurt. In most standard cases of negligence, the police will guide you to file a complaint with the appropriate consumer or food safety body.

FAQs people normally have

What evidence is required?

To build a strong case, you will need comprehensive evidence. This includes:

• The foreign object itself and the contaminated food sample.
• The original bill or receipt from the restaurant.
• Clear photographs and videos of the food, the object, and the bill.
• Contact details of any witnesses who were present.
• Medical reports and bills if you suffered any injury or illness.
• A copy of any written complaint made to the restaurant management and their response, if any.
• A copy of the legal notice sent to the restaurant.

How long will the investigation take?

The duration of the process can vary. An investigation by a Food Safety Officer may take a few weeks to a couple of months, depending on lab testing and administrative procedures. A case in a Consumer Commission can take anywhere from a few months to over a year to reach a final decision, depending on the complexity of the case and the workload of the commission. However, the Consumer Protection Act, 2019, aims for the speedy resolution of disputes.

Advocate Sudhir Rao, Supreme Court of India