Delivering Egg Cake Instead Of Eggless, Hyderabad District Commission Orders ₹40 K As Compensation And ₹ 10 K Cost

Brief Facts:

DS Chowdary, a 40-year-old resident of Pragati Nagar in Hyderabad had ordered an eggless cake from Concu Cakes’ website on August 10, 2022, for Rs. 2,500, with the scheduled collection on August 16, 2022, at 12:00 pm. However, to her dismay, during her cousin's birthday celebration on the same day, she discovered that the cake delivered was not the eggless one she had ordered; instead, it was an egg cake. This incident deeply affected DS Chowdary as she strictly followed religious beliefs and fasting practices that prohibited her from consuming eggs. She approached Concu Cakes’ customer care support on August 17, 2022, to raise her grievance. The owner of Concu Cakes responded promptly, apologized, and admitted the mistake. As a gesture of apology, they offered a refund for the cake and a complimentary lunch, which DS Chowdary accepted. However, she explicitly requested not to receive any food from them.

DS Chowdary filed a complaint against Concu Cakes under Section 35 of the Consumer Protection Act, 2019 in the District Consumer Disputes Redressal Commission, Hyderabad Bench I (“District Commission”), alleging deficiency of service. In her complaint, DS Chowdary argued that Concu Cakes' negligence was not only a deficiency in service but also an unfair trade practice, emphasizing that she had consistently ordered only eggless cakes from them in the past.

In their defence, Concu Cakes refuted most of the allegations, claiming that the complainant initially complained about issues with the cake's message and taste on August 17, 2022, without mentioning the eggless cake aspect until then. They presented video evidence showing DS Chowdary inspecting and approving the cake visually, which contradicted her claim of not noticing its appearance or smell. Furthermore, Concu Cakes asserted that DS Chowdary had voluntarily placed an order for six individual desserts (cakes) from their display section, fully aware that they contained eggs. They argued that this contradicted her statement about adhering to a strict eggless diet as per her community's beliefs. Regarding DS Chowdary's belief that her husband's death on August 21, 2022, might be related to the consumption of the egg cake, Concu Cakes stated that there was no factual evidence to support this claim and deemed it an invalid ground for seeking compensation. However, despite Concu Cakes' attempt to settle the matter amicably by issuing a refund and offering a complementary hamper/lunch, DS Chowdary filed the complaint, seeking further compensation and allegedly exaggerating the facts of the case.

Decision of the Court:

The District Commission, after carefully considering all the evidence, ruled in favour of DS Chowdary. The District Commission acknowledged that Concu Cakes' actions constituted a deficiency in service and had caused DS Chowdary mental and spiritual distress that could not be compensated monetarily. The District Commission also acknowledged the fact that Concu Cakes conceded and admitted that the cake was made with egg, which was contrary to the order placed by DS Chowdary.

As a result, the District Commission ordered Concu Cakes to pay DS Chowdary Rs. 40,000 as compensation for her mental anguish and suffering, along with Rs. 10,000 in litigation costs. Concu Cakes was given a 45-day period from the date of receipt of the Certified Copy of the Order to comply with the payment. Failure to do so within the specified time would incur an interest rate of 6% per annum until the actual realization of the amount.

Case: Ds Chowdary vs M/s Concu Cakes & Another

Case No.: CC/564/2022

Advocate for the Complainant: Party-in-Person

Advocate for the Respondent: Adv. E. Sudhanshu Rao

Click Here To Read/Download Order