Bombay HC Slams Thane Restaurant Over Analog Paneer Use, Says Customers Have Right To Know What They Eat

The Maharashtra Food and Drug Administration (FDA), which has frequently faced criticism from the Bombay High Court over its action against eateries, found itself on the other side of the courtroom this time. The court instead came down heavily on a Thane restaurant after the FDA suspended its food licence for using banned analog paneer.

Udupi Swaad Restaurant Licence Suspended After FDA Finds Unsafe Paneer Sample

Taking a stern view of the conduct of Udupi Swaad Restaurant in Wagle Estate, a bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad observed that the eatery would have to “suffer” for some time for serving customers a product different from what they believed they were eating.

Bench Says Restaurant Must ‘Suffer’ For Misleading Customers Over Food Served

The bench was hearing a petition filed by the restaurant challenging the FDA’s action on August 11.

“You need to suffer for some time. If you are making people suffer by eating this (analog paneer), you also need to suffer for some time… Poetic justice. We will take a different strict view,” ACJ Ghuge said.

The FDA had suspended the restaurant’s licence after a report in June found its paneer sample to be unsafe and substandard.

Restaurant’s advocate argued that the FDA had acted without first issuing a mandatory improvement notice under Section 32 of the Food Safety and Standards Act. the suspension had forced the restaurant to shut down, resulting in loss of revenue, livelihood and reputation.

FDA Defends Licence Suspension Citing Statewide Ban On Analog Paneer

Additional Government Pleader Vikrant Parshurami, representing the FDA, defended the action, citing the state-wide prohibition on the use of analog paneer.

Court Asks Whether Customers Were Informed About Analog Paneer Use

The bench questioned whether customers had been informed that they were being served analog paneer instead of genuine paneer.

“Have you advertised in your menu card and inform or indicate customers you are serving them analog paneer and not the actual paneer? You are making people eat something rotten by making them believe that it is paneer and you are saying improvement notice should be given to you?” Acting CJ Ghuge asked.

The judge further questioned why the restaurant did not put up a notice informing customers that it served analog food.

“Why don’t you advertise on your sign board that we serve analog paneer, analog food, no original food is available with us,” he said.

Court Rejects Restaurant’s Plea To Convert Suspension Into Improvement Notice

The bench observed that customers may not always know what ingredients are being used in the food they order.

“People do not read everything and know what they are eating. You must be adding very nice spices and masala so that it tastes better and they may say it has a wonderful taste. Then they realise they are eating something rotten as instead of paneer they ate analog paneer,” the judge said.

When the restaurant assured the court that it would not use analog paneer again, the bench said customers had a right to know what was being served to them.

“You must tell them what they are eating. How can you serve something that they (customers) have not asked for?” the court observed, adding that affected customers could approach the consumer forum seeking damages and costs.

The court also rejected the restaurant’s request to treat the suspension notice as an improvement notice. The bench sought the FDA’s response and posted the matter for further hearing on September 7.

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