Firstcry.com — 18 months old Patanjali product sold by hiding expiry date

Complaint against
FIRST CRY
Online shopping mall
Mumbai

GRIEVANCE
For supplying 18 month old
Patanjali nutrela bone capsules -4 bottles
by keeping us in dark
by hiding expiry date on their website
by First Cry.

1. We purchase four bottles as described about of Patanjali product from first cry.
2. When we found no expiry date, no manufacturing date mentioned by them on their website to sell Patanjali product.
3. It is totally illegal to hide these dates especially for medicines where expiry dates are very important. And therefore every seller is under legal obligation to mention dates of manufacturing and expiry on their website to let customers decide to buy or not to buy very old products. First cry by hiding expiry date on their website - offending the Caveat emptor principal, punishable u/s 16 of The Sale of Goods Act 1930.
4. We made a call to the customer care of first cry to ask about the expiry date. The madam on the other line checked with their computer and told us no dates are available with their system also. But she assured us that we will get the latest batch product only. Relying on there assurance, we placed the order for four bottles for Rs 784.
5. At the time of delivery, we asked to the delivery man to show us the bottles to make us sure the products belong to the latest batch and not very old. But the delivery man refused as he said, open delivery is not allowed.
6. We took the delivery and made the payment COD on 2nd November 2022.
7. But we were shocked to find all the bottles were 18 months old.
8. We immediately lodged the complaint on the 2nd November itself.
9. No response from first cry still after multiple follows and reminder for the cheating they have done to us.
10. We ask them to replace the bottles with fresh batch or refund our money. No response from them.
11. Being constraint, we referred the matter to the consumer forum and then only they replied that the amount will be refunded only to their own first cry wallet. A totally wrong resolution.
12. In this way they are pressurizing us to use our this amount to buy something from them only. So we are fool that once cheated, we will buy from them again? Their such tactics amounts to Undue Influence, punishable u/s 16 of The Indian Contract Act, 1872.
13. They must return back our money in cash as we have paid them in cash. We have kept all their four bottles intact in the same sealed condition, in which they have supplied it.
14. So either they muscle replace the old batched 18 months old bottles with fresh batched bottles or refund our money in cash to us against return pick up.
19. Otherwise we will have to file a legal case against them in the consumer court for heavy compensation entirely at there risk cost and consequences, for all the trauma, troubles, harassment, waste of our valuable time by first cry through cheating and misleading to sell Patanjali product which remained unsold with the dealer for as long as 18 months. Such a fraudulent these first cry people are that they didn't even mention the batch and expiry date in their invoice also.
20. We also ask Patanjali to let us know which is the latest batch number and manufacturing date of this product known as Patanjali nutrela health bone capsules.
21. We also ask Patanjali to interveen to avoid harsh consumer Court case. Look at the history of consumer court cases, where they have a levied heavy penalty and compensation against such fraud and cheaters.
RK Agarwal
35 Ameeta, Nariman point, Mumbai 400 021
Mob[protected]

Attached
Snapshot of delivered bottles
PDF file -Bill copy and the delivery challan
showing all details of the concerned product sale