Failure to Display Nutritional Chart on Poultry Feed Bags Amounts to Unfair Trade Practice, Rules Baramulla Commission
Pranav B Prem
The Baramulla District Consumer Disputes Redressal Commission has held that the sale of poultry feed lacking adequate nutritional content and without mandatory nutritional labeling constitutes an unfair trade practice. The Commission, comprising President Peerzada Qousar Hussain and Member Nyla Yaseen, passed a detailed order against the poultry feed manufacturer Maha Feeds Agrotech and its seller Bhat Poultries, directing them to pay substantial compensation and issue a recall of improperly labeled products from the market.
The case arose from a complaint filed by Lone Poultry and KGN Poultry—two poultry farm operators based in Sopore, Baramulla—who alleged that they suffered significant financial losses due to sub-standard poultry feed sold to them by Bhat Poultries, manufactured by Maha Feeds Agrotech. According to the complainants, the poultry feed was sold with an assurance that it contained more than 20% protein, which is essential for healthy growth and weight gain in chickens. However, after using the feed, the farms began experiencing stunted growth in chicks, reduced weight gain, and increased mortality, prompting them to raise concerns with the suppliers.
Upon raising the issue, the complainants were advised by the suppliers to have the feed tested. They subsequently got the feed analyzed at a nutrition lab in Srinagar, which reported the protein content as only 15.5%, well below the claimed and expected nutritional standard. The complainants, aggrieved by the indifference shown by the suppliers despite repeated follow-ups, approached the Baramulla District Commission seeking compensation for their financial losses.
In response, the opposite parties (OPs) denied the allegations and argued that no specific assurance regarding protein levels had been made. They claimed that the feed was sold to other poultry farms during the same period without any complaints. Further, the OPs contended that the feed samples were not taken in the presence of authorized representatives and that the loss could have been due to viral infections rather than nutritional deficiencies. They even alleged that the complaint was baseless and intended to defame the company or avoid payment liabilities.
Both sides led evidence in support of their contentions. The complainants produced four witnesses, including Mudasir Magbool Lone and Irshad Ahmad Lone, who testified that they had long-standing experience in the poultry industry and concluded—based on their expertise and observation—that the feed was the cause of weight loss and mortality among chicks. Witnesses confirmed that complaints were made to the company, but the issue remained unresolved. Mudasir Lone stated that he had used over 1,200 bags of feed and noticed a sharp decline in chick health and weight soon after use began. He also clarified that although no lab tests were done on the dead chicks, the feed itself was tested and found deficient.
On the other hand, the OPs produced four witnesses, including Dr. Basharat Magbool Wani, a regional manager at Maha Feeds, and Nusrat ul Hassan Bhat, a distributor. Dr. Wani acknowledged that the company sets its nutritional parameters based on internal formulation but admitted that feed lacking crude protein can affect body weight in chicks. He further revealed that the feed bags did not display nutritional charts. Similarly, Nusrat ul Hassan Bhat, the distributor, admitted that he issued only simple bills without GST details and had no knowledge about the protein content in the feed. Other OP witnesses also conceded that if the feed lacks essential nutrients, it could lead to health problems in poultry.
The Commission examined these testimonies along with written arguments and documents, including the laboratory test reports and invoices. It observed that the complainants had clearly established, through testing and consistent accounts, that the feed supplied lacked sufficient protein content and was thus sub-standard. Importantly, the Commission also noted that the feed bags were distributed without displaying nutritional charts, in violation of the mandatory guidelines prescribed by the Bureau of Indian Standards (BIS). Such labeling is essential to ensure transparency and consumer safety.
The Commission held that selling poultry feed without adequate nutritional labeling and with significantly low protein levels amounted to an unfair trade practice under Section 2(47) of the Consumer Protection Act, 2019. It concluded that the financial loss, reduced growth, and mortality of chicks experienced by the complainants were a direct consequence of the sub-standard feed.
Accordingly, the Commission allowed the complaint and issued the following directions:
The opposite parties were directed to recall all feed products from the market that were sold without a nutritional chart.
They were also directed to strictly adhere to BIS guidelines and ensure that every feed bag displays a nutritional chart in future.
Compensation of ₹5,00,000 was awarded to each complainant for the business losses and mental agony caused by the sub-standard feed.
Additionally, the OPs were ordered to refund ₹2,22,457 and ₹1,89,016, the amounts paid by Lone Poultry and KGN Poultry respectively for the feed.
Litigation costs of ₹30,000 were also awarded.
The order is to be complied with within four weeks from the date it is served, failing which the complainants are entitled to proceed under the execution provisions of the Consumer Protection Act.
Appearance
Adv. Mudasir Hameed for the complainants.
Adv. Asif Khan for the O P’s.
Cause Title: Lone Poultry & Anr. V. Maha Feeds Agrotech & Anr.
Case No: Consumer Complaint 12/2023
Coram: Shri Peerzada Qousar Hussain [President], Nyla Yaseen [Member]
