LI Network
Published on: October 6, 2023 at 11:05 IST
Nik Baker’s, a bakery in Panchkula, has been slapped with a fine of ₹40,000 by the District Consumer Disputes Redressal Commission for failing to maintain service quality. The order, issued on September 21, 2023, is a result of a complaint filed in 2019, alleging that a child fell ill after consuming a birthday cake purchased from the bakery.
President Satpal and members Dr. Sushma Garg and Dr. Barhm Parkash Yadav presiding over the case noted that when such a serious allegation was made against the bakery, they had a duty to get the cake sample tested, which they failed to do.
The complainant, in this case, had ordered a cake for her son’s birthday on July 3, 2019, from Nik Baker’s. However, during the celebration, they discovered that the cake contained a non-edible and unhygienic color, leading them to avoid consuming it. Unfortunately, the complainant’s son fell ill with vomiting and diarrhea that night, with a doctor confirming it was due to unhygienic food.
The bakery did not respond to emails from the complainant, prompting her to file a consumer complaint. The bakery argued that no laboratory report supported the allegations and maintained that they followed strict quality control processes.
They also suggested that the complainant may not have followed refrigeration instructions, causing the cake’s icing to melt and stain hands.
Despite the bakery’s defenses, the commission found that it was their duty to test the cake sample and faulted them for merely denying the allegations. The bakery’s argument that no one else at the party fell ill was dismissed because the cake was not consumed by others after the red dye was noticed.
As a result, the commission ordered Nik Baker’s to refund the cost of the cake (₹3,186) with interest. Additionally, the bakery was fined ₹30,000 for unfair trade practices, with ₹20,000 directed to the Poor Patient Welfare Fund and ₹10,000 to the complainant for mental distress, agony, and litigation expenses, bringing the total amount payable to ₹40,000.
