In an unusual legal case, a Bangalore consumer has won a compensation claim against a local cake shop. The Bangalore Additional District Consumer Disputes Redressal Commission ruled that the cake shop was liable for selling a rotten cake that was unfit for consumption, resulting in illness among the customers.
On May 1, 2022, Pooja Shankar, a resident of Thyagarajanagar in Bangalore, placed an order for a 3.2kg black forest cake from Vinayaka Cake Shop, located on DVG Road, Basavanagudi, South Bengaluru. She paid an advance of Rs 1,000 and cleared the remaining balance of Rs 2,590 on the day of her younger son's birthday celebration, which took place on April 30, 2022.
However, upon receiving the cake, Pooja discovered that it was in a rotten state and unsuitable for consumption. The alleged poor quality of the cake disrupted the birthday party and led to complaints of vomiting and diarrhoea among the birthday boy and other guests. This prompted Pooja to file a consumer complaint in the Bangalore Additional District Consumer Disputes Redressal Commission.
After careful consideration, the District Consumer Disputes Redressal Commission acknowledged the seriousness of Pooja's case, emphasizing that individuals typically would not resort to legal action over a cake dispute unless the matter held substantial merit. The commission found Pooja's evidence, including photographs of the cake and email correspondence with the bakery, to be convincing.
In contrast, Vinayaka Cake Shop failed to provide any substantiating evidence, such as cake quality testing results or other relevant documentation. Therefore, the commission ruled in favour of Pooja.
The commission ordered Vinayaka Cake Shop to compensate Pooja with Rs 3,000 for the deficiency in service and mental harassment caused by the spoiled cake. Additionally, the bakery was directed to cover Pooja's court expenses amounting to Rs 3,000. Vinayaka Cake Shop was also instructed to provide a refund of Rs 3,590 for the spoiled cake.
All monetary obligations must be fulfilled within two months from the date of the commission's order. This verdict highlights the importance of consumer rights and holds businesses accountable for the quality of their products and services, even in cases as seemingly trivial as a spoiled cake.
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