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Shri Isshvarya (Associate)     02 June 2020

Sue a bakery

One of the famous bakery in Chennai, I ordered a cake for my son birthday through call. Though I have egg allergy and we are also suspecting that my little one has the same allergy, I informed the person that my son and myself has egg allergy so I need a eggless cake from the bakery. They also agreed and took the order, on time of delivery I also checked on the same that the cake is eggless. Since because they assured it I had the cake and it caused me food poison with burning sensation from the moment I had. Do I have right to sue the baker. For that what should I do


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 5 Replies

Real Soul.... (LEGAL)     02 June 2020

Do you have the sample of cake ,if yes you need to send to lab to get analysys report .

Then you need to be sure that your billing shows the item as Egless Cake.

It is matter of evidance if you can manage all that then yes you can sue the baker if he provided the cake with egg.

In other ways just issue a legal notice and keep watching ....

Shri Isshvarya (Associate)     02 June 2020

Sir / madam yes I do have sample cake and bill. But in the bill it is not mentioned whether it is eggless or not. So how do I get it 

Nihal Thareja   02 June 2020

Hello sir/ ma'am

In this situation, a complaint can be filed under the District Consumer Disputes Redressal Forum as per the Consumer Protection Act, 1986

Following details need to be provided when filing a suit in District Consumer Disputes Redressal Forum under Consumer Protection Act 1986

  1. Particulars of complainant
  2. Particulars of the Opposite party
  3. Particulars relating to goods/services complained of
  4. Nature and extent of defect or deficiency in the goods
  5. Details of the attempts made to get the matter settled
  6. Relief claimed

In the current situation, a relief can be claimed with respect to Compensation for financial loss/injury/interest suffered due to the negligence of the opposite party.

Procedure to seek relief –

  1. Intimation via Notice -
     A notice to be sent by the aggrieved party to the service provider who provided the goods or the services. The notice communicates the intention of the complainer to resort to litigation and informs him about the defects in the goods or the deficiency in the service or any unfair practice

 

  1. Formal complaint :
     If the service provider is not willing to offer compensation or any other remedy, the next step is to file a formal complaint under the Consumer Protection Act, 1986

 

  1. Attach relevant documents :
  • A copy of the bill, receipt of delivery, packaging of a product, a record of online booking of the goods bought
  • Any proof of communication as to the specifications asked by the customer
  • Warranty/Guarantee certificates
  • A copy of the written complaint and notice sent to the seller

The food sample needs to be preserved in this case so that it can be taken up as a proof of the negligence caused by the bakery.

 

  1. Approaching DCRDF –
    The complainant can make the complaint on a plain paper, which is then notarized and can be filed in person or through an authorized agent. 
  • Four copies plus additional copies for each party are to be filed by the complainant. 
  • The Court Fee for valuation of suit upto 1 lakh is Rs. 100 The Court Fee is to be submitted through a demand draft made out to the President, Consumer Disputes Redressal Forum, (name of) district.

Hope the effort to solve your query was sufficient!

 

 

 

1 Like

Lokesh Mahadev (Advocate in Practice)     02 June 2020

Your entire claim depends on their acceptance that they mistakenly supplied you a cake with an egg. At the first instance, approach them and have a talk with them about the deficiency in their service. If possible try to have a clipping of such conversation. If they agree to compensate as per your demand, it is fine or else try to get issued a detailed legal notice to them describing about the loss or injury suffered by you due to his negligence and deficiency of service.

 

If he does not reply or refuses to pay for the loss suffered by you as demanded, you can approach the consumer court for the appropriate remedy.

 

But to proceed further, you have to make sure whether the bill provided by them is an authentic copy admissible in evidence. To claim compensation for the loss or injury suffered by you due to the negligence of the baker, you have to provide the necessary record of the medical assistance provided to you immediately after the consuming of such cake. Also, a lab report of a sample piece of such cake would be very much useful. Make sure you have the necessary photographs of the cake as well as the sample piece taken before proceeding further.

 

If they refuse, you have to produce the Call Data Record details between you both as evidence before the Forum. For such CDR details which are required urgently for producing as evidence, you can approach any officer above the rank of a Police Superintendent. 

Real Soul.... (LEGAL)     02 June 2020

Originally posted by : Shri Isshvarya
Sir / madam yes I do have sample cake and bill. But in the bill it is not mentioned whether it is eggless or not. So how do I get it 

Dear how can you prove that the order was for eggless cake, they will say that the cake was orderd normally and deliverd and accepetd ...just talk to them and get replacement.


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