‘Worms’ in birthday party chocolates make children ill, family gets Rs 55,000 payout

The complaint stemmed from a birthday celebration held on January 19, 2022.

“The presence of worms inside packed chocolates meant for human consumption is by itself a clear indication that the product was not of the quality, purity and standard which a consumer is entitled,” the commission said on June 5, holding the manufacturer primarily liable for the defective product.

‘Photos, medical records support claim’

• While acknowledging that no laboratory analysis report had been produced, the commission held that consumer proceedings are summary in nature and need not always be governed by strict technical rules of evidence.
• It noted that the purchase of the chocolates was undisputed and that photographs and medical records supported the complainants’ claim that children who attended the birthday party subsequently required medical treatment.
• It further observed that the opposite parties had not effectively disputed the allegation that worms were found in the chocolates.
• There is no reason for parents to unnecessarily make allegations involving minor children merely for a claim of compensation, the commission said.
• According to the commission, once the complainants established the existence of worms in the chocolates, the burden shifted to the manufacturer to explain how such contamination occurred despite expected quality-control measures.

Party takes unexpected turn

• According to the complaint, Raghuram purchased an 875-gram packet of Dazzy Stacy chocolates from a shop in Kovur on January 18, 2022.
• The chocolates were bought for distribution among children attending his daughter’s 10th birthday celebration the next day.
• The family alleged that while the chocolates were being distributed, some elders and children noticed worms inside them.
• Although consumption was stopped immediately, several children had already eaten the chocolates.
• Soon after, some children reportedly complained of vomiting, giddiness, fever and stomach pain.
• What was meant to be a memorable birthday celebration, the family alleged, quickly became a distressing experience as parents had to rush the children for medical attention.
• Four children, including the birthday girl, were taken to the Community Health Centre at Kovur the next day, January 20, 2022, where they received medical treatment and were kept under observation.
• According to the complainants, the children took about a week to recover completely.

Family seeks Rs 18 lakh relief

Claiming that the chocolates were unsafe for consumption and had been manufactured without maintaining proper quality standards, the family issued a legal notice on February 4, 2022, demanding compensation and action against the manufacturer and retailer.

When the dispute remained unresolved, they approached the consumer commission on March 31, 2022. The complainants sought Rs 18 lakh as compensation and damages, Rs 1 lakh towards mental agony and Rs 5,000 towards litigation expenses.

They argued that the contaminated chocolates had caused illness among children and immense mental trauma to their families.

Retailer defensive, manufacturer silent

The retailer denied responsibility and argued that it had merely sold the product manufactured by another company. It also questioned the absence of any laboratory report establishing that the chocolates were contaminated or directly responsible for the children’s illness.

The manufacturer, despite entering appearance through counsel, did not file any written statement or evidence before the commission. It also failed to respond to the legal notice issued by the complainants.

‘Manufacturer primarily liable’

Holding the manufacturer primarily responsible, the commission observed that companies producing food products have a duty to ensure that products reaching consumers are safe and free from contamination.

However, it also held that the retailer could not completely escape liability because it had sold the defective product to consumers.“Even though the primary liability rests upon the manufacturer, the retailer who sells defective food products to consumers also owes duty of care,” the commission said.

Rs 55k relief

• While finding negligence and deficiency in service, the commission declined to award the Rs 18 lakh compensation sought by the family, noting that the incident had not resulted in permanent disability, long-term health complications or fatal consequences.
• Nevertheless, it held that the affected children had suffered temporary illness and that their families had undergone significant mental agony and inconvenience.
• The commission awarded Rs 50,000 as compensation and directed that 80 per cent of the amount (Rs 40,000) be paid by the manufacturer and 20 per cent (Rs 10,000) by the retailer. It also awarded Rs 5,000 towards litigation costs.
• The compensation amount will carry interest at 9 per cent per annum from March 31, 2022, until payment. Both parties have been directed to comply with the order within 45 days.

Consumer takeaway

The ruling highlights that consumers do not always need laboratory reports to establish a case involving defective food products.

Where medical records, photographs and surrounding circumstances strongly indicate contamination, consumer commissions can rely on the overall evidence available and hold manufacturers accountable. The order also serves as a reminder that retailers dealing in food products may share responsibility when unsafe products reach consumers through their stores.

For consumers, preserving purchase bills, photographs, medical records and correspondence with manufacturers or sellers can prove crucial in pursuing compensation when defective products cause harm.

For consumer-related grievances, individuals may contact consumer helpline in their respective states (Andhra Pradesh helpline: 0866-2551431) or call the National Consumer Helpline at 1915 for assistance.