If you are stuck in such a situation, here is what to do.

Mr. Alok Sharma from the city of Janakpuri recently faced a disturbing situation. A few weeks ago, he purchased a packet of ‘Swadisht Almond Drink Mix’ from a local store, ‘Daily Needs Grocers’. To his shock, upon opening the sealed packet, he discovered it was infested with worms. He checked the packaging, which clearly stated the manufacturing date as May 2025 and the expiry date as June 2026, meaning the product should have been perfectly safe for consumption. He is now seeking advice on the legal actions he can take against the manufacturer and the seller.

Advice in such cases ⚖️

If you find yourself in a similar situation, it is crucial to act methodically to build a strong case. Your immediate actions can significantly impact the outcome of any legal proceedings.

• Preserve the Evidence: Do not throw away the contaminated product or its packaging. Store it in a sealed container, exactly as you found it.
• Document Everything: Take clear photographs and videos of the worms inside the packet. Ensure the brand name, batch number, manufacturing date, and expiry date are clearly visible in the photos/videos.
• Keep the Receipt: The purchase bill is the primary proof of your transaction. Keep it safe.
• Notify the Company: You can lodge a formal complaint with the company’s customer care via email or their official portal. Keep a record of all communication, including reference numbers and email threads.

Applicable Sections of Law 📜

Several laws in India protect consumers from such malpractice. The primary legal frameworks you can rely on are:

• The Consumer Protection Act, 2019: This is your most powerful tool. You can file a complaint against the manufacturer and the seller for ‘defective goods’ and ‘unfair trade practice’. You can seek a refund, replacement of the product, and compensation for the mental agony and harassment caused.
• The Food Safety and Standards Act, 2006 (FSSAI): This Act governs food safety in India. Under Section 59, manufacturing, selling, storing, or distributing any food article which is unsafe for consumption is a punishable offense. You can file a complaint with the Food Safety Officer of your area.
• Bharatiya Nyaya Sanhita, 2023 (BNS): For pursuing criminal action, you can refer to Section 277 of the BNS, which deals with the adulteration of food or drink intended for sale. This makes it a criminal offense to sell food that is noxious or unfit for consumption.

If you are the complainant 🙋‍♂️

As the complainant, you are the one who initiates the legal action. You can file a complaint in the District Consumer Disputes Redressal Commission (District Consumer Forum) in the jurisdiction where you live or where the seller operates. The process is designed to be consumer-friendly. You can file the complaint yourself or hire a lawyer. Your complaint should detail the facts, the defect found, and the relief you are seeking (e.g., refund, compensation for mental distress).

If you are the victim

As a consumer who has received a defective and unsafe product, you are the victim of corporate negligence. The law recognizes your right to safety and the right to be protected against hazardous goods. You are entitled to seek redressal against unfair trade practices. Do not feel powerless against a large company; the consumer protection laws are specifically designed to empower you and hold manufacturers accountable for the quality of their products.

How the police behave in such cases 👮

While the primary route is often the Consumer Court, the police can be involved if you wish to press criminal charges. You can approach your local police station to file a First Information Report (FIR) under Section 277 of the BNS. The police will then seize the product as evidence, send it for testing to a government-approved food laboratory, and conduct an investigation. However, for isolated incidents, the police might advise you to approach the Consumer Forum first, as it is a more direct and faster route for compensation.

FAQs people normally have 🤔

• Do I need a lawyer to file a consumer case?
  No, you can file a complaint on your own. The process is simplified for consumers. However, hiring a lawyer can help in drafting a legally strong complaint and representing your case effectively.
• What if I lost the purchase bill?
  The bill is important but not indispensable. Other proofs like a credit card statement, UPI transaction record, or even the product packaging with a specific batch number can help establish your purchase.
• How much compensation can I claim?
  The compensation amount is decided by the court based on various factors, including the price of the product, the severity of the defect, and the degree of mental agony and harassment you suffered.

What evidence is required? 🔍

To build a strong and undeniable case, you must have the following evidence ready:

• The physical product itself, preserved safely.
• The original outer packaging showing all details (brand, batch no., dates).
• The purchase receipt or other proof of transaction.
• Clear photos and videos of the contamination.
• A copy of any communication (emails, letters) with the company.
• If you or a family member fell ill after consumption, a medical report and bills from a doctor would be critical evidence.

How long will the investigation take? ⏳

The duration depends on the path you choose. A complaint directly to the company might be resolved within a few weeks. A case in the Consumer Court is mandated by the Consumer Protection Act, 2019 to be decided within 3 to 5 months, though it can sometimes take longer. A criminal investigation under the BNS is a more elaborate process and can take several months to conclude.

Advocate Sudhir Rao, Supreme Court of India