Sub-Standard Cake, Panchkula District Commission Holds Nik Bakers Liable, Directs Refund & Compensation

Therefore, the Consumer Commission found Nik Bakers to be deficient in their service by selling a sub-standard cake. Consequently, the Commission ordered the bakery to refund the cake's cost along with compensation of Rs. 10,000/- for mental agony, harassment, and litigation charges to the complainant. Further, a penalty of Rs. 30,000/- was imposed on Nik Bakers for engaging in unfair trade practices, with Rs. 10,000 going to the complainant and the remaining Rs. 20,000/- to be deposited in the “Poor Patient Welfare Fund”.

Brief Facts

Mrs. Anju Ahlawat, a scientist at PGI, ordered a cake from Nik Bakers (Opposite Party) for her son's birthday on June 29, 2019. She picked up the cake on July 3, 2019. During the birthday celebration, they noticed that the cake had colours that left red marks on their hands. They found the cake non-edible and unhygienic, so most guests; including Mrs. Ahlawat herself didn't eat it.

Later that night, the complainant's son fell ill, experiencing vomiting, pain, and loose motions. They consulted a doctor who confirmed that the illness was due to unhygienic food. Following this, Mrs Ahlawat sent emails to the bakery on the 3rd, 5th, 9th, and 20th of July 2019, informing them about the poor quality of the cake, but the bakery didn't respond adequately. Frustrated with this situation, Mrs. Anju Ahlawat decided to file a consumer complaint.

Arguments given by Nik Bakers

Nik Bakers contested the complaint stating that there was no laboratory report to support the complainant's claims. According to them, the case involved complex facts that could not be resolved through this complaint. The bakery emphasized that they used premium quality ingredients and followed the best food industry practices. They claimed that their food went through rigorous quality checks supervised by highly qualified food technologists. They mentioned the specific high-quality ingredients they used, including sugar paste and edible colours approved by relevant authorities like "fssai."

Nik Bakers contended that Mrs. Ahlawat may have mishandled the cake by not refrigerating it properly after purchase, leading to issues with the cake's appearance and colour. They argued that they had a good track record of selling cakes in the region for over a decade without any previous complaints of this nature. They pointed out that no one else at the event, including children and adults, suffered any illness after consuming the cake, indicating that the product wasn't of low quality.

Observations of the Commission

The Panchkula District Commission observed that Mrs. Ahlawat informed Nik Bakers about the cake issue on the same day, but the bakery didn't respond adequately. They also considered photos that clearly showed cake dye on the child's lips and on the hands of others present. Additionally, the Commission noted a medical prescription from a Doctor, which confirmed that Mrs. Ahlawat's son became ill after eating the cake. Further, Nik Bakers failed to send the cake sample for laboratory testing despite claiming to have qualified food technologists.

Based on these findings, the bakery was found to be deficient in service for selling a sub-standard cake. Consequently, Nik Bakers was directed to refund Rs. 3,186/- (the cake's cost) to Mrs. Ahlawat with a 9% annual interest rate. They also had to pay a penalty of Rs. 30,000/- for engaging in unfair trade practices. Out of this, Rs. 10,000/- would go to Mrs. Ahlawat, and Rs. 20,000/- had to be deposited in the “Poor Patient Welfare Fund”. An extra Rs. 10,000/- was awarded to Mrs. Ahlawat for her mental distress, harassment, and legal expenses. The bakery was given 45 days to follow these directions, or they could face further legal action.

Case Title: Anju Ahlawat vs. Nik Bakers

Consumer Complaint No. 618 of 2019

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