Mumbai: Observing that serving expired food items to a large number of guests present at a public function, including children, is not only a lapse in service but is also a very careless and irresponsible act that endangers life and health, a district consumer commission in Nagpur has directed Fun N Food Village amusement park and its top management to pay around Rs 6.50 lakh in total compensation to a resident for serving expired packaged water and fly-contaminated sweets at his daughter’s engagement function. “Due to consumption of expired water and contaminated food, many guests, including the bride, were diagnosed with acute gastroenteritis and had to be admitted to the hospital, as is clear from the statements in the complaint of the complainants..,” the commission said.The commission observed that the photographs showed expired water bottles and that the statement about flies in rasgullas remained unrebutted.“In the present case, on a once-in-a-lifetime and family-wise extremely important occasion like the complainant’s daughter’s engagement ceremony, the humiliation, embarrassing situation, and mental agony the complainant had to endure in front of relatives and guests due to the negligence of the opposite parties… is of a more serious nature than mere ordinary financial loss,” the order said.The commission concluded that the commercial establishment severely endangered the complainant and their guests by serving expired food and water, violating the consumer’s fundamental right to protection under the Consumer Protection Act, 2019. This gross negligence constitutes a punishable offence for distributing unsafe food under the Food Safety and Standards Act, and mirrors criminal offences for selling adulterated food under the Indian Penal Code. “Although it is not within the purview of this commission to decide on the said criminal provisions, the gravity of such conduct must be taken into consideration while determining the amount of compensation,” the commission said.The commission directed Fun N Food Village and the others to pay compensation jointly and severally and issued “a strict warning” not to provide expired food items and drinking water to any consumer in future and to strictly comply with the Food Safety and Standards Act.Ashok Jaiswal had booked the venue for an engagement ceremony after being offered arrangements by Fun N Food Village, an amusement park and restaurant run by Polo Amusement Nagpur Pvt Ltd. According to the complaint submitted in 2022, the booking was initially made for Dec 11, 2020, with an advance payment of Rs 20,000, but the event was postponed due to Covid-19 restrictions. The ceremony was later fixed for Oct 10, 2021.The complainant said the final rate was fixed at Rs 750 per person plus 18% GST for around 250 to 300 guests.The commission noted that the groom’s side was expected to arrive at 2 pm and drinking water was supposed to be available at that time. However, the order recorded that drinking water was not provided until around 4 pm. The commission quoted the WhatsApp response of the venue representative to the complainant’s repeated calls: “please WhatsApp, unable to take calls.”According to the complaint, when water bottles were eventually provided, the expiry date printed on the bottles was Sep 5, 2021, more than a month before the function. The complainant also stated that dead flies were found in rasgullas served to guests, and that several guests, including the bride, suffered acute gastroenteritis and anxiety and had to be hospitalised.On the question of service deficiency, the commission relied on WhatsApp conversations, photographs, the complainant’s affidavit, and unrebutted evidence. The opposite parties did not file a written statement despite notice, and the matter proceeded ex parte.Jaiswal had claimed Rs 43.60 lakh as compensation, but the commission found that the full claim was not supported by sufficient independent documentary evidence such as hospital bills, loss of income records or detailed accounts. The commission held that compensation must be reasonable and “should not become a means to earn profit.”The commission partly allowed the complaint and directed the opposite parties to pay Rs. 4.75 lakh with interest at 9% per annum from Oct 20, 2022, until actual payment. The commission also directed payment of Rs 25,000 as complaint costs.
