No expiry dates on cherries for pregnant wife, man wins Rs 8,450 from e-commerce site

The man purchased four 250-gram packets of Karonda cherries for Rs 450 through an e-commerce platform for his pregnant wife. (AI-generated Image)

The Thiruvananthapuram District Consumer Commission has directed an e-commerce company and a seller to refund Rs 450 and pay Rs 8,000 in compensation and litigation costs to a consumer who received food products without manufacturing and expiry dates, holding that supplying improperly labelled consumables amounted to an unfair trade practice and deficiency in service.

A bench of president P V Jayarajan and members Preetha G Nair and V R Viju was dealing with a plea of a man who purchased four 250-gram packets of Karonda cherries for Rs 450 through an e-commerce platform for his pregnant wife.

“Misleading consumers by omitting important product details amounts to an unfair trade practice. So, it is clear that the absence of details with regard to the date of manufacture and the expiry date on the package of a product amounts to an unfair trade practice,” the commission said on October 12.

The commission noted that it is also evident from the available evidence that the complainant has suffered mental agony and financial loss due to the act of the opposite parties.

Packets lack manufacturing and expiry dates

The case arose from a complaint filed by a man against an e-commerce platform, a dry fruits seller, over the delivery of improperly labelled food products.

In June 2021, the complainant purchased four 250-gram packets of Karonda cherries for Rs 450 through an e-commerce platform. Upon opening the package, he found that the products did not mention their manufacturing or expiry dates.

He raised a complaint with the e-commerce platform and returned the packets, following which replacement products were delivered on June 10, 2021. However, the replacement packets also lacked the required details.

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The complainant said he had ordered the cherries for his wife, who was five months pregnant at the time, and did not want to risk her health or that of their unborn child. He then destroyed the products and issued a legal notice to the e-commerce company on June 29, 2021.

The e-commerce company denied liability, arguing that it was merely an intermediary platform and was not directly involved in the sale. The seller did not appear before the commission and was proceeded against ex parte. The complainant subsequently approached the commission, alleging deficiency in service and unfair trade practice.

Missing expiry dates amount to unfair trade practice: Order

The commission observed that supplying food products without essential labelling details, including their manufacturing and expiry dates, amounted to an unfair trade practice under the Consumer Protection Act, 2019. It said omitting such important information misrepresented the quality and standards of the goods.

The commission noted that despite the complainant specifically raising the issue in his legal notice, the e-commerce company’s reply did not address the absence of manufacturing and expiry dates. The replacement products delivered on June 10, 2021, also had the same defect, and the opposite parties failed to provide a convincing explanation.

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Rejecting the e-commerce company’s contention that it was merely an intermediary, the commission observed that the invoice issued by the seller carried the e-commerce company’s emblem, making its claim of having no involvement in the transaction unsustainable.

Holding both opposite parties liable for deficiency in service and unfair trade practice, the commission found that their actions had caused the complainant mental agony and financial loss. It held them jointly and severally liable to compensate him.

Takeaway

The ruling reinforced that food products sold online must carry essential labelling details to protect consumer safety. It also underscores that e-commerce platforms cannot automatically evade liability by claiming intermediary status, particularly when evidence establishes their involvement in the transaction and defective goods cause consumer harm.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Kerala: 1800-425-1550) or dial the National Consumer Helpline at 1915 for assistance.

Jagriti Rai works with The Indian Express (Digital), where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More