Hyderabad commission orders compensation in ice cream case
HYDERABAD: The Hyderabad District Consumer Commission-2 has ordered Fancy Ice Cream and Zomato to jointly pay ₹10,000 as compensation, ₹5,000 towards litigation costs, and refund ₹168 to a consumer who fell ill after consuming ice cream.
Pawan Kasturi, a resident of Saidabad Colony, had ordered a 1,000 ml American Dry Fruit ice cream container and a 60 ml Chocobar from Fancy Ice Cream, Dilsukhnagar, through Zomato on November 3, 2023. After consuming the ice cream, he and his family members reported illness.
Consumer submits evidence of missing manufacturing details
On examining the packaging, the family found that the manufacturing date and Maximum Retail Price (MRP) were not mentioned. Despite filing a complaint with the ice cream company, no action was taken, prompting the consumer to approach the commission.
Fancy Ice Cream argued that the complainant had erased the manufacturing details. However, Kasturi placed fresh orders for the same product on February 22 and May 18, 2024, and submitted photographs and invoices to show that the packaging lacked manufacturing date and MRP.
Commission rejects Zomato’s defence of limited liability
After reviewing the evidence, the commission headed by Vakkanti Narasimha Rao, with members Parupalli Jawahar Babu and D. Sridevi held that the negligence of the company was evident.
The commission rejected Zomato’s argument that it was merely a delivery partner and that responsibility rested solely with the manufacturer. It ruled that both parties are jointly liable.
