Consumer forum for expiry date coke
Querist :
Anonymous
(Querist) 14 December 2010
This query is : Resolved
Hi! I recently brought a coca cola from a shop and it says best before 3 months. Now the date is more than 5 months. I have a bill with the seal of the shop. Can i file a case before the consumer forum against the shop for selling these? what are my chances of winning? how much can i ask as compensation and for what reason? should i send a notice first? pls guide me.. thanks..
Dr. PRADEEP K.P.
(Expert) 14 December 2010
first you lodge a complaint to the health inspector or food inspector to have a clear evidence on the illegal thing committed by the dealer as well as the company. The amount of compensation is depending on the actual damage and mental agony caused to you. You should report the matter to the Govt. authorities, not only as private issue but in the public interest also.
R.Ramachandran
(Expert) 14 December 2010
Dear Anonymous,
Please clarify the following points:
(1) Whether the coca cola bottle with contents is with you with the Cap intact?
(In other words that you have not opened the bottle, but noticed the expiry date before opening the bottle and you have preserved it as it is.)
Querist :
Anonymous
(Querist) 15 December 2010
Thanks for your suggestions. The cap is intact. Please tell me the procedure to file before the consumer court. Should I send a notice to this person? Does anyone have a format?
R.Ramachandran
(Expert) 15 December 2010
Dear Anonymous,
You can definitely file a consumer complaint.
But there are several things that comes to my mind. This may sound little odd, but nevertheless these questions arise.
For instance, you will be filing the complaint against whom? Against the retailer who sold the goods to you or against the Coca Cola Company?
It is quite unusual to get a Cash Bill for purchase of Coca Cola. Do you normally get such bills everywhere or only in this instance?
Whether you obtained the Cash Bill after noticing the expiry date or before noticing the expiry date?
Are you a regular customer of the shop in question?
Depending upon your answers I may probably have more such questions.
These are not to discourage you, but to really know how effectively a consumer can succeed in a given case.
R.Ramachandran
(Expert) 15 December 2010
Dr. Pradeep has already advised you to lodge a complaint with the health inspector. There is no specific format for doing this. (My queries should not detain you from lodging the above complaint.)
Querist :
Anonymous
(Querist) 15 December 2010
Thank you Mr.Ramachandran for your advice. I want to file the complaint against the retailer because he is selling the expired products. I am a regular customer to this shop. I got the bill after purchasing the coke (the bill contains a piece of paper with the seal of the shop)I get the bill so I can get a reimbursement from the office for working late. Thanks for your help
R.Ramachandran
(Expert) 15 December 2010
These are all my thoughts / fear - The Dealer will say that though he regularly makes supplies to you and issues bills, the Cola bottle which you have in your hand was not supplied by him. At best, you might have by mistake not consumed the earlier supplies made by him and probably retained beyond the expiry period, inadvertently.
M. PIRAVI PERUMAL
(Expert) 15 December 2010
Apart from he suggestions of Mr. R. Ramachandran I would like add some facts. The stereo typed defence of the manufacturer of the cool drinks in this type of cases are ' it is spurious cool drink bottle ' and not bottled/ manufactured/distributed by them. Then the bottle has to be sent to labaratory through DCDRF to prove the case. The initial enthu one has will slowly decline when the complaint before Consumer Court is dragged and with recurring expenses initial complaint filing expenses, cost of testing the drink at lab. Even if you get favourable orders at DCDRF, the manufacturer as matter of routine will prefer an appeal before the SCDRC, NCDRC and they will blunt your interest and enthu in prosecuting them and you will not be allowed to enjoy the fruit of any favourable orders obtained by you for years together.
Arun Kumar Bhagat
(Expert) 26 December 2010
Agree with Mr. R. Ramachandran and Mr. M.Piravi Perumal.
Advocate. Arunagiri
(Expert) 26 December 2010
If the seller is using scanner for billing you can easily prove your claim.
Other wise it is very difficult to prove the case as rightly said by mr.Ramachandran.
