Expired Product Sold Online: Thrissur Commission Holds E-Commerce Platform & Seller Liable, Orders Refund & Compensation

The Consumer Disputes Redressal Commission, Thrissur, comprising Sri. C.T. Sabu (President), Smt. Sreeja S., and Sri. Ram Mohan R. (Members), held seller Mosaic Wellness Pvt. Ltd. and e-commerce platform Amazon Seller Services Pvt. Ltd. liable for deficiency in service and unfair trade practice. The Commission observed that selling a product meant for human consumption after its expiry date constitutes an unfair trade practice.

Brief Facts

The complainant, an IT professional, purchased “hair gummies” for ₹799 on 14 March 2024 through the e-commerce platform Amazon Seller Services Pvt. Ltd. from seller Mosaic Wellness Pvt. Ltd. The product was delivered on 17 March 2024, after which he consumed one gummy daily for six days. During this period, he alleged that he suffered stomach pain, vomiting and dizziness. On closely examining the product packaging, he found that the product had already expired in February 2024.

Aggrieved, the complainant contacted the e-commerce platform on 23 March 2024 seeking a refund and return of the product. However, his request was rejected on the ground that the item was “non-returnable” and beyond the prescribed return window. He alleged that selling an expired product amounted to deficiency in service and unfair trade practice and that the opposite parties failed to comply with the Consumer Protection (E-commerce) Rules, 2020.

Dissatisfied, he approached the Commission. Despite service of notice, both opposite parties remained absent, and the matter proceeded ex-parte.

Observations and Decision

The Commission observed that the product was sold and delivered after its expiry date, which amounts to an unfair trade practice. It further held the e-commerce platform liable for deficiency in service for rejecting the refund request based on its return policy despite the product being expired.

While the complainant alleged health issues, the Commission found no sufficient evidence to substantiate the same but held that he suffered mental agony and hardship.

Accordingly, the complaint was partly allowed and the opposite parties were directed to refund ₹799, pay ₹25,000 as compensation and ₹5,000 as costs, along with 9% interest from the date of complaint till realization.

Case Title: Ugeesh Kumar K.U. v. Mosaic Wellness Pvt. Ltd. & Amazon Seller Services Pvt. Ltd.

Case Number: CC 241/24

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