On Thursday, the Delhi High Court dismissed a woman’s claim that a dead rat or rotten chicken flesh was discovered in Amul’s buttermilk packet, causing her mental and physical harm after she consumed it. A compensation of Rs. 20 lakh was claimed by the petitioner.
Justice Rekha Palli advised the petitioner to go to the consumer court, saying that admitting such a plea would open a “pandora box” for others who would go to the High Court instead of consumer forums.
However, the Court ordered the Food Safety Standards Authority of India to rule on the woman’s case within four weeks.
The woman was having psychiatric treatment, and the goal of seeking the High Court was to have her fundamental right under Art.21 infringed, according to the petitioner’s lawyer, Shadab Husain Khan.
“The FSSAI is legally obligated to take the sample, but they haven’t done so in this case. They haven’t done their job, and consumer courts cannot hear cases of fundamental rights violations, “Khan argued.
The Court questioned petitioner counsel on the evidence that a rat was discovered in the buttermilk Packet.
On the other hand, FSSAI’s lawyer, Advocate Rakesh Chaudhary, argued in front of the Court that the petitioner had an equally effective remedy.
Khan responded that under Art. 226 of the Constitution, the High Court has the authority to decide on compensation. It went on to say: “Respondent 3 (FSSAI) is, on the other hand, ordered to respond to the petitioner’s complaint dated August 4, 2021, within four weeks of today. It is made clear that the petitioner’s right to go to the consumer court will not be affected by the dismissal of the petition.”
