The Indian Express ·
Crime, law and justice
‘Metallic object’ found inside Pista Kunafa dessert, Kerala man wins Rs 15,000 payout
The commission observed that the dessert outlet and its parent company had failed to fulfil their obligations as business entities dealing with a consumer who had raised a complaint about the food product.
A consumer commission in Kerala recently directed a dessert outlet and its parent company to jointly and severally pay Rs 15,000 after a customer allegedly found a narrow metallic object embedded in a pastry dessert, Pista Kunafa, purchased from the outlet.
President Vinay Menon V and members Vidya A and Krishnankutty N K of the Palakkad District Consumer Disputes Redressal Commission observed on September 3 that the opposite parties (outlet and parent company) had failed to fulfil their obligations as business entities dealing with a consumer who had raised a complaint about a food product.
“It is amply clear that the opposite parties miserably failed to fulfil their obligations as a business entity dealing with a consumer who raised an issue to them. This amounts to severe deficiency in service or unfair trade practice on their part either as a franchisor or franchisee. Further they refused to participate in the proceedings of this Commission after filing of this complaint,” the order read.
The complainant stated that he and his wife purchased the popular Middle Eastern treat Pista Kunafa from the outlet. The complainant alleged that while consuming the product, he found a narrow iron/metallic material embedded inside the ‘Kunafa’. It was stated that swallowing the object could have caused oral injury, gastrointestinal perforation and internal bleeding.
The complainant immediately tried contacting the outlet but said his calls went unanswered. He then sent WhatsApp messages along with photographs of the metallic object. According to the complaint, the outlet responded that the Kunafa was supplied from the company’s central kitchen.
The complainant further alleged that representatives of the opposite parties contacted him, offered gifts and compensation and requested him not to pursue a consumer complaint. He said he waited for sometime, but was later informed that no compensation would be provided. The opposite parties did not file their version before the commission and were proceeded against ex parte.
The complainant produced payment receipt, screenshots of his WhatsApp correspondence and copies of the legal notices. He also produced the metallic object before the commission.
The commission observed that the outlet and its parent company miserably failed to fulfil their obligations as a business entity while dealing with a consumer who raised an issue, which amounted to severe deficiency in service or unfair trade practice. It also noted that they refused to participate in the proceedings after filing of the complaint.
It directed both opposite parties to jointly and severally refund Rs 259 being the purchase price and pay Rs 10,000 compensation for deficiency in service and mental agony along with Rs 5,000 litigation costs.
The order highlights that food businesses can be held accountable when a foreign object is found in a ready-to-eat product, particularly when they fail to properly respond to the consumer’s complaint.
For consumer-related grievances, individuals can contact the consumer helpline in their respective states and Union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.
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