Bitter Bite: Ernakulam Commission Fines Muesli Maker Over Dead Worms in Sealed Pack
Pranav B Prem
In a significant consumer protection ruling, the District Consumer Disputes Redressal Commission, Ernakulam, held M/s. Pagariya Food Products Pvt. Ltd. liable for selling a contaminated sealed packet of muesli, thereby establishing gross deficiency in service and unfair trade practice under the Consumer Protection Act, 2019. The Commission, comprising Shri D.B. Binu (President), Shri V. Ramachandran (Member), and Smt. Sreevidhia T.N (Member), passed the order on 15 May 2025 in Complaint No. 1011 of 2024.
The case arose when the complainant, a resident of Nettoor, Kochi, purchased a sealed 700g packet of "Kwality Mixed Fruit Muesli" from Bismi Hypermarket, Nettoor, on 18 July 2024. The product, manufactured by M/s. Pagariya Food Products Pvt. Ltd., was bought at a discounted price. On consumption, the complainant detected a foul odour and later discovered dead worms and webbing inside the sealed packet. He documented the issue and raised a complaint with the manufacturer, who responded by merely sending a replacement packet, without any acknowledgment or investigation into the contamination.
Dissatisfied with the response, the complainant approached the Food Safety Officer, Tripunithura. The Officer collected samples from the complainant and from the same product batch sold at Bismi Hypermarket. The Regional Analytical Laboratory, Kakkanad, in its report dated 26 July 2024, confirmed the presence of dead worms and webbing, rendering the product unfit for human consumption. The Food Safety Officer forwarded the matter to central authorities as the manufacturer is based in Karnataka.
The complainant submitted that he suffered mental agony, disruption to his routine, and loss of trust in packaged food products due to this incident. The complaint was filed under Section 35 of the Consumer Protection Act, 2019. The manufacturer failed to file its version within the statutory period and was set ex parte by the Commission.
The Commission observed that the presence of dead worms and webbing in a sealed food packet, meant for direct consumption, established a gross deficiency in service under Section 2(11) of the Consumer Protection Act, 2019. The lab report, marked as Exhibit A6, supported the claim of contamination and unfitness of the product for human consumption.
The Commission further held that the opposite party’s conscious failure to file its written version despite receipt of notice amounted to an admission of the allegations. Citing precedents such as Donoghue v. Stevenson [1932] AC 562, the Commission reaffirmed that a manufacturer owes a duty of care to the ultimate consumer to ensure that goods placed in the market are free from harmful defects. It also referred to domestic precedents like Swapan Dhar v. Kellogg’s India Pvt. Ltd [2019]. and Hindustan Coca-Cola Beverages Pvt. Ltd. v. Girish Sharma [2013], which reiterated that manufacturers bear strict liability for product safety.
The Commission emphasized that the contamination inside a sealed product directly contradicted the manufacturer’s promotional claims of hygiene, quality, and safety. Such lapses, it held, amounted not only to negligence but also to unfair trade practice under Section 2(47) of the Act. It held that the incident shook the complainant’s trust in packaged food and caused significant emotional and psychological distress.
The Commission also observed that the manufacturer failed in its obligations under the Food Safety and Standards Act, 2006, particularly Sections 26 and 27, which impose a legal duty on food business operators to ensure food safety. The absence of any remedial steps or meaningful engagement from the manufacturer further aggravated the situation. Accordingly, the Commission partly allowed the complaint and passed the following directions:
Refund of the purchase cost of ₹265.50 to the complainant as per the invoice (Exhibit A1).
Payment of ₹20,000 as compensation for mental agony, financial loss, and inconvenience.
Payment of ₹10,000 as cost of the proceedings.
Implementation of strict quality control mechanisms by the manufacturer to avoid recurrence of such incidents.
The manufacturer has been directed to comply with these directions within 45 days of receiving the order, failing which an interest of 9% per annum will be levied on the unpaid compensation and refund amount from the date of complaint filing (14 August 2024) until full realisation.
Cause Title: Sree Raj Pradeep Kumar V. Authorized Officer, M/s Pagariya Food Products (P) Ltd.
Case No: CC.No. 1011 of 2024
Coram: Shri. D.B.Binu [Hon'ble President], Shri. V. Ramachandran [Hon'ble Member], Smt. Sreevidhia T.N [Hon'ble Member]
[Read/Download order]
