A consumer commission in Himachal Pradesh has ruled that Reliance Retail is responsible for selling an expired packet of instant noodles, which allegedly caused a minor girl to fall ill shortly after consumption. The commission emphasized that it is the retailer’s essential responsibility to ensure that expired products are not available for sale.
The Kangra District Consumer Disputes Redressal Commission, led by President Hemanshu Mishra, along with members Arti Sood and Narayan Thakur, addressed a complaint from Jugal Kishore concerning the sale of expired Spicy Korean instant noodles purchased from a Reliance Smart Point store in Bhawarna, Kangra district.
The commission stated on July 6 that retailers have a significant obligation to prevent the sale of expired food items. It highlighted that consumers cannot be expected to inspect every product for expiry dates while shopping from open shelves, as this would be impractical.
The case arose when Kishore bought the instant noodles on February 26, 2026, and upon returning home, his daughter ate a small portion. Soon after, she began to experience vomiting and other health issues. Upon inspection of the packaging, Kishore found that the noodles had an expiry date of November 28, 2025, indicating they had been sold nearly three months past their expiration.
Kishore claimed that the retailer had acted negligently by displaying and selling expired food, thereby posing a health risk to his family. He sought a refund along with compensation for the distress caused by the incident.
In its defense, Reliance Retail argued that there was no medical proof linking the child’s illness directly to the noodles. The company insisted that the product was properly sealed, branded, and adhered to regulations established by the Food Safety and Standards Authority of India (FSSAI), with the expiry date clearly printed on the packaging. They contended that customers should be responsible for checking such details before purchasing items. Moreover, they suggested that the manufacturer should have been included in the proceedings and pointed to notices in their stores encouraging customers to verify expiry dates.
The commission dismissed these arguments, stating that it was clear that the noodles were sold on February 26, despite their expiry date being in the past. It emphasized that the principle of “let the buyer beware” should not apply in modern consumer law regarding food safety. Instead, it upheld the principle of “let the seller beware,” especially concerning public health concerns. The commission concluded that consumers cannot be reasonably expected to check every product for expiry dates while shopping.
The commission ruled in favor of Kishore, ordering Reliance Retail to refund the full price of the noodles. Additionally, the commission awarded Rs 15,000 for the emotional distress and anxiety experienced by the family and Rs 5,000 for legal expenses, with payment mandated within 30 days of the order.
This ruling underscores that consumers are not obligated to identify expired food products available for sale, and retailers may be held accountable for poor service and unfair trade practices even if the expiry date is marked on the packaging.
Consumers seeking assistance can reach out to their respective state consumer helplines (Himachal Pradesh helpline: 1800-180-8087) or contact the National Consumer Helpline at 1915.
Vineet Upadhyay serves as an Assistant Editor at The Indian Express, where he focuses on the intricacies of the Indian legal system.
