The Delhi High Court on Thursday refused to consider a petition alleging that a dead rat or piece of chicken was found in a package of tetra buttermilk sold by a dairy company and said the appropriate forum to raise the grievance was a consumer court.
Judge Rekha Palli nonetheless ordered the food safety department to respond to the complaint lodged by the petitioner-consumer within a specified time frame.
There was nothing at first glance to demonstrate a deficiency in services, the judge said, adding that she was not inclined to rule on a disputed fact in a motion for brief.
“Go to consumer court to get compensation. There is a specialized tribunal for this. You can’t show me anything at first glance. I cannot decide anything in dispute, ”the court said.
“In my opinion, there is no prima facie evidence that the product was in fact defective. This aspect cannot be decided in a motion in brief which is dismissed, ”ordered Judge Palli.
“The rejection of this request will not prevent the request from seizing the consumer court,” said the court.
The applicant’s lawyer, lawyer Shadab Khan, argued that the case concerned the violation of his client’s fundamental rights, in particular article 21 of the Indian Constitution.
The lawyer claimed that since the applicant, a vegetarian, consumed buttermilk last year, she suffered from several physical and mental disorders.
“The petitioner faces physical (stomach disease / complicated dyspepsia / acid reflux daily) and mental (depression) effects all the time,” the petition reads.
The court was informed that complaints had been filed with the dairy company, Food Safety & Standard Authority Of India (FSSAI), and the Food Safety and Drug Administration, government of Uttar Pradesh, where the petitioner resided.
The lawyer alleged the “flagrant inaction” of the FSSAI and other authorities, saying they were required to collect samples of the product and take immediate action.
In the petition, the petitioner also claimed Rs 20 lakh as compensation from the dairy company and FSSAI.
Counsel for the FSSAI said the consumer court was the appropriate forum for the present case.
(This story was not edited by Devdiscourse staff and is auto-generated from a syndicated feed.)