Supplier 166 Near Expiry Dog Food Bags Ordered To Pay Rs 50000

A Delhi consumer commission has directed a pet food supplier to pay Rs 50,000 to a company after finding it had allegedly supplied 166 bags of dog food with only 15 days of shelf life remaining in a bulk order.

President Monika A Srivastava and member Kiran Kaushal noted that the complainant was also negligent in not checking the expiry dates before accepting the bulk consignment.

“We are in agreement with OP that under no rule of Food Safety Regulation the sale of near expiry goods is prohibited. Complainant too is found to be negligent in not checking the dates of the dog food more so as bulk order was being purchased from OP,” the order dated June 10 read.

Holding that there was contributory negligence on both sides, the commission directed the food supplier to pay a lump sum of Rs 50,000 within three months.

According to the complaint, the complainant company maintained a farmhouse in Amritsar with 70-75 dogs, including German Shepherds, Cane Corsos and Old English Mastiffs.

It alleged that the complainant was induced by the representatives of the opposite party and lured through print and digital media advertisements to purchase dog food from them.

It was further stated that the opposite party was shown as a pioneer in the field of animal food and shall provide the best quality food for the dogs of the complainant.

On March 27, 2023, it placed an order for 200 bags of dog food. The complainant alleged that soon after the dogs consumed the food, several of them fell ill and one German Shepherd died on April 18, 2023.

It claimed that a veterinary doctor suspected improper food and advised checking the expiry dates, following which it discovered that 166 of the 200 bags were due to expire within less than a month.

The complainant sought refund of the purchase price along with Rs 20 lakh as compensation for the dog’s death, another Rs 20 lakh for mental agony and litigation costs.

The supplier denied any deficiency in service, contending that all products were within their shelf life at the time of sale and that selling near-expiry products was not prohibited.

It also argued that the complainant was aware of the expiry date and, of his own free will, bought 200 boxes of the product to avail the discount benefits.

The company further claimed that the food was meant for puppies but had been fed to adult dogs, which could have caused the illness.

The ruling highlights that while the sale of products nearing their expiry date is not, by itself, unlawful, suppliers must act fairly when selling bulk quantities that cannot reasonably be consumed before expiry. At the same time, the Delhi Consumer Commission emphasised that buyers also have a duty to verify expiry dates before accepting bulk consignments. The decision illustrates the principle of contributory negligence, with the commission attributing responsibility to both parties while declining to award damages for the dog’s death in the absence of evidence.

Aggrieved consumers may contact the consumer helpline in their respective states (Delhi helpline: 011-28050114 ) or call the National Consumer Helpline at 1915 for assistance.

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More