Shri Isshvarya (Associate) 02 June 2020
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
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 –
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.
Hope the effort to solve your query was sufficient!
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.