Expired Curd and a Blocked Emergency Exit
A customer buys a 400 g pack of curd from a neighbourhood store. At home she finds the pack is one day past its 'use by' date and the seal is slightly bloated. She returns with the pack and a digital bill; the pack was bought the previous evening and she has a photo of the date code. The store's policy says 'food items are non-returnable.' The cashier offers a replacement pack from the same crate. The customer demands a refund plus ₹5,000 compensation and says she will post on social media and complain to the consumer commission. Meanwhile, a fire-safety inspection is due, and a stack of promotional cartons is blocking the rear emergency exit; staff say it is temporary. The store has six staff and no trained first-aider on the evening shift. The store's licence and fire no-objection certificate are displayed at the front.
1. Advise the store on its legal position and the correct immediate response to the customer.
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The 'non-returnable' policy cannot override the customer's statutory rights. Selling food past its 'use by' date is a defect and a deficiency in service, and can amount to an unfair trade practice under the Consumer Protection Act, 2019. The customer is entitled at least to a refund or replacement, and to compensation if she can prove loss. The bloated seal also raises a food-safety issue.
Immediate response: apologise, refund or replace immediately at the customer's choice, preserve the pack and batch code, pull the rest of the crate from sale, check the supplier's delivery date and storage conditions, and record the complaint in writing. Do not offer ₹5,000 on the spot or admit liability for illness; explain the refund and ask her to report any symptoms. A social-media threat does not change the legal duty, and a defensive response increases reputational risk. Escalate the batch issue to the supplier and keep a copy of the bill and date-code photo.
2. What must be done about the blocked exit and the missing first-aider? Explain the risk-control reasoning.
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Remove the cartons from the rear exit immediately and keep the exit, route and signage clear. This is not a temporary issue: an obstructed emergency exit can turn a small fire into a fatal one, and it is a safety violation regardless of the inspection date. Check that the exit opens freely, that extinguishers are charged and accessible, and that staff know the assembly point.
The missing trained first-aider is a separate gap. At least one person on each shift should be trained, and the first-aid box should be checked and stocked. Apply the hierarchy of control: eliminate the obstruction by moving stock to a designated location; add administrative controls such as a marked floor area and a daily opening checklist; then train staff. Record the check, name an owner and set a review time.
3. Draft a short corrective action plan with owners and timing.
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Today: clear the exit, photograph it, brief all staff, and resolve the customer complaint with a refund or replacement. Owner: store manager.
This week: batch-check all dairy and short-shelf-life stock, raise a supplier complaint, nominate a first-aid trainee for each shift, and start a daily opening checklist covering exits, extinguishers, date codes and first-aid stock. Owners: receiving staff and supervisor.
This month: refresher training on refunds, food rotation (FIFO/FEFO) and emergency procedures; a documented mock drill; and a review of the 'non-returnable' signage so it does not misstate customers' rights. Owner: store manager, reviewed at the next staff meeting with a signed attendance sheet.