Vijay Kumar (Advocate) 07 April 2015

Expired food item

A complaint has been filed in Consumer Forum which alleges that Warning "USE BY 13-2-15" was printed on the

Wrapper of bread packet; but it was sold on next day i.e. on 14-2-15.

Shopkeeper's version is that he sold fresh packet but the customer has managed a past date packet.

I am to defend the shopkeeper. Kindly guide me.

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9 Replies

Jayashree Hariharan (Advocate) 08 April 2015

Sir in this case the benefit of doubt is on the seller. Since there is no material proof of buying and selling, it is easy to stand by your client, saying that he sold it before that date, but the customer ate it later...

I think this would suffice.

G. ARAVINTHAN (Legal Consultant / Solicitor) 08 April 2015

If there is a receipt or bar code or OCR code, then it is really a problem. otherwise shop keeper is safe

richardjohnson 08 April 2015

No damages no case typically

Vijay Kumar (Advocate) 08 April 2015

Thank you all for help. The Customer has filed the invoice dated 14-2-2015 having Bar Code of item.

He has even preserved the Bread till today ( Not eaten it).

Please guide what pleas / defences I should take in the Written statement.

Regards

T. Kalaiselvan, Advocate (Advocate) 12 April 2015

Literally speaking you have no case to defend but may prolong the issue till it is possible. Arrange for a compromise or an out of court settlement for so that the embarrassment may be avoided. The invoice is the strong evidence against you.

Vijay Kumar (Advocate) 12 April 2015

Thank you sir

T. Kalaiselvan, Advocate (Advocate) 12 April 2015

You are welcome for your appreciations.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 18 April 2015

If there is an invoice with date that is evidence enough against the seller. In terms of cost this is a trivial issue. If the consumer has gone to court there must be some reason which is not disclosed here. If the allegation against the purchaser is true it would amount to criminal action. The burden of proof will be on the seller. He can ask for forensic examination. Otherwise it will be up to the court to believe the buyer or the seller.