Ant Found In Cake, Failure To Issue Receipt, Ludhiana Commission Orders Nova Bakery To Pay Rs. 20k Compensation

Brief Facts:

Rajinder Singh (“Complainant”) ordered a cake from Nova Bakery (“Bakery”) owned by Jatin Sood (“Owner”) on February 13, 2021, to celebrate his son Kartik's birthday on February 15, 2021. The cake was delivered without a receipt, and during the birthday celebration, an insect (ant) was found in a piece of cake. This led to the illness of some guests, including the complainant’s son, who suffered vomiting and fever. Aggrieved, the complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Ludhiana.

The bakery owner denied the allegations of delivering a cake with an insect. He argued that the cake was fit for consumption and claimed that the cake was unboxed in the presence of the complainant, who did not raise any objections regarding its condition. The owner also stated that no other person, except the complainant’s son, fell ill. He suggested that the illness might have been caused by other consumables present at the event. The owner presented a report from Food and Drug Administration officials stating that no insect was detected in the cake.

Observations by the Commission:

The District Commission referred to Section 2(9)(i) of the Consumer Protection Act, 2019 which provides for the "consumer rights" which includes the right to be protected against the marketing of goods, products, or services that are hazardous to life and property. The District Commission noted that, significantly, the bakery owner's failure to issue a receipt for the cake constituted a violation of fair-trade practices and infringed upon the complainant's right to be informed about the quality, safety, and standards of the purchased goods. Further, it referred to Section 2(47)(vii) of the Consumer Protection Act, which states that the failure to issue a bill, cash memo, or receipt for goods sold constitutes an unfair trade practice. The District Commission highlighted this provision to establish that the bakery owner's omission to provide a receipt constituted a violation of fair-trade practices.

The District Commission concluded that the complainant had not only suffered physical distress due to consuming a cake infested with an insect but also endured mental anguish as a result of the bakery owner's actions. The delivery of an adulterated cake amounted to a deficiency in service and the adoption of unfair trade practices. In light of these findings, the District Commission ordered the bakery owner to pay a composite cost of ₹20,000 to the complainant within a stipulated period of 30 days.

Case: Rajinder Singh vs Jatin Sood

Case No.: CC/21/192

Advocate for the Appellant: Abhjeet Singh

Advocate for the Respondent: S.S. Suman

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