Vishal Mega Mart Liable For Selling Expired Maggi Noodles; Kurnool Consumer Commission
The District Consumer Disputes Redressal Commission, Kurnool, comprising President Karanam Kishore Kumar and Member S. Nazima Kausar, has held Vishal Mega Mart liable for selling an expired packet of Maggi Atta Instant Noodles. The Commission observed that the sale of expired food products constitutes a grave violation of consumer rights and poses a significant threat to public health...
The District Consumer Disputes Redressal Commission, Kurnool, comprising President Karanam Kishore Kumar and Member S. Nazima Kausar, has held Vishal Mega Mart liable for selling an expired packet of Maggi Atta Instant Noodles. The Commission observed that the sale of expired food products constitutes a grave violation of consumer rights and poses a significant threat to public health and safety.
Facts
The complainant, P. Sravan Kumar, a resident of Yemmiganur in Kurnool district, purchased two packets of Maggi Atta Instant Noodles from Vishal Mega Mart on 20 March 2025. After consuming the noodles on the same night, he developed fever, vomiting and stomach pain, and was diagnosed with food poisoning at a nearby hospital. Upon examining the remaining packet, he found that the product had expired on 18 March 2025, two days before it was sold to him.
Alleging that the retailer negligently sold an expired food product, thereby endangering public health and causing him physical suffering, mental agony and medical expenses, the complainant approached the Consumer Commission seeking compensation and punitive damages.
Despite service of notice, Vishal Mega Mart neither appeared before the Commission nor filed its written version. Consequently, it was proceeded against ex parte.
Observations and Decision
The Commission observed that the documentary evidence clearly established that the noodles packet sold by the retailer had expired prior to its sale. It further noted that the complainant's medical records corroborated that he suffered food poisoning immediately after consuming the product and, in the absence of any rebuttal from the opposite party, there was no reason to disbelieve his version.
The Commission held that selling expired food products reflected gross negligence and constituted deficiency in service and an unfair trade practice. It further observed that such conduct could not be treated as an isolated incident, as it gave rise to a serious apprehension that numerous expired products may have been sold to unsuspecting consumers, thereby posing a significant threat to public health and safety.
Observing that the retailer had unjustly enriched itself by selling expired products, the Commission held that punitive damages were necessary not only to compensate the consumer but also to deter similar conduct in future.
Accordingly, the Commission partly allowed the complaint and directed Vishal Mega Mart to pay ₹25,000 as compensation for mental agony and ₹5,000 towards litigation costs to the complainant. It further directed the retailer to deposit ₹2.5 lakh into the Andhra Pradesh Chief Minister's Relief Fund as punitive damages for selling expired food products and thereby endangering public health. The amounts were directed to be paid within 45 days, failing which they would carry interest at 9% per annum from the date of the order until realization.
Case Title: P. Sravan Kumar v. The Manager, Vishal Mega Mart (Airplaza Retail Holding Private Limited)
Case No.: Consumer Complaint No. 60/2026