FOOD SAFETY COMMISSIONER, OFFICE OF THE COMMISSIONER OF FOOD SAFETY THYCAUD P.O. THIRUVANANTHAPURAM Vs. ANAND UNNIKRISHNAN & 2 ORS. 29/887, TAGORE LANE, JANATHA ROAD, KOCHI

JUDGEMENT

(1.) The complainant/ respondent purchased food articles from the store of the respondent Pantaloon Retail India Ltd. The said food articles were allegedly found to be insect infested. The vegetables which he had purchased from the aforesaid store was allegedly found to be rotten. This is also the case of the complainant that having consumed the aforesaid food articles, he and his family members fell ill and had to incur substantial expenditure on their treatment. He requested the petitioner Food Safety Commissioner of Kerala to take appropriate action against the seller of contaminated food articles under the provisions of Food Safety Act. No action, however, was taken. The complainant/respondent, therefore, approached the concerned District Forum by way of a consumer complaint impleading the sellers of the food articles as well as the Food Safety Commissioner as the opposite parties in the complaint.

(2.) The petitioner filed its reply before the concerned District Forum contesting the complaint and took a preliminary objection that the complainant was not its consumer and had not hired or availed its services. On merits, the petitioner alleged that on analysis of the samples taken by its officers, no hazardous content endangering human life was found though a few shortcomings in the standard were noticed.

(3.) The District Forum vide its order dated 31.2014 allowed the complaint not only against the seller of the goods but also against the petitioner. The seller of the goods were directed to pay the compensation quantified at Rs.1 lakh whereas the petitioner was directed to pay the compensation quantified at Rs.5,000.00, to the complainant.