K Venkatesan (Advocate) 06 August 2021

Food and packaging defect

Hi All,

I recently purchased a pack of MOONG DHAL from a distributor and I found that the Date of manufacturing/Date of Expiry/Maximum Retail Price were not printed in the same packet. Immediately I brought the notice to the distributor and he also checked his stock and found another 5 packets are found with the same defect. I advised him not to sell the products to market and immediately I sent a notice to the manufacturer along with photo of the said pack also. But unfortunately the manufacturer did not realize his mistake and sent reply notice that I am in the intention to usurp money from them. In the meantime the distributor also informed the company and they sent their persons and collected the stock which he was having.

Now my question is how to proceed legal action against the company? or Should we give any complaint with the Food Authorities?

Please advice me and thank you in advance,

K.Venkatesan

Advocate

Chennai

Reply Follow

8 Replies

Advocate Bhartesh goyal (advocate) 06 August 2021

File complaint before District Consumer Commission having jurisdiction against dealer and manufacturer and mentioned facts regarding your grievances.Claim compensation towards defective products and mental and physical apney caused to you.

Suri.Sravan Kumar (senior) 06 August 2021

The Manf is liable for punishment under package commodity rules. You can complain to Legal Metrology Dept . If no action is taken you can approach Dist Commission under C.P.Act against the Manf.

Kevin Moses Paul 06 August 2021

As per your concern, it's advisable to report to the matter to a Consumers Court which has competent jurisdiction over the matter (i.e. either over the distributor or over the manufacturer).

You can produce the photos you clicked earlier as an evidence, whenever the hearing takes place. In addition to this, you shall also reported the incompetency of the manufacturer when the concerned matter was brought forth to his attention.

Hope It Helps!

Regards
Kevin M. Paul

Dr J C Vashista (Advocate) 07 August 2021

Very well analysed, opined and explained by experts, I endorse the same.

You should approach all the 3 authorities i.e., District Consumer Disputes Redressal Commission, Food and Safety Department as well as Metrology department for deficiency of service and selling products without compliance of mandatory requirements.

G.L.N. Prasad (Retired employee.) 07 August 2021

First make a complaint to Legal Metrology dept as they have such authority to investigate these cases. (previously weights and measures)

Kishor Mehta (CEO) 07 August 2021

Consumer grievances forum has no jurisdiction as there is no purchase and no monetory loss or claim are involved, the proper authority to approach is the Food Safety and Standards Authority of India.

G.L.N. Prasad (Retired employee.) 07 August 2021

The query was: MOONG DHAL from a distributor and I found that the Date of manufacturing/Date of Expiry/Maximum Retail Price were not printed in the same packet.