Incorrect name on my daughter's birthday cake - is it possible to sue the owner?
I ordered a 4KG cake on the occasion of my daughter's first birthday from a local but well known bakery called 'Otik Cake shop' that has several branches in New Delhi. They ruined my daughter's birthday by misspelling her name and also they delivered a different design than what I ordered.
There were around 70 people at the party, and everyone pointed out that the has incorrect name. Instead of writing "Kyra" they wrote Kyar. It was really embarrassing for me and my whole family. Apart from that they also delivered a different cake then what I ordered. I wasn't there when they delivered the cake and even if I was there I might not open the whole box to check the cake before the cake cutting ceremony. My family members or I didn't sign any delivery receipt.
I have the advance booking confirmation receipt that I guess needs to be handed over to the delivery guy and the invoice, but both the invoice and advance booking confirmation doesn't indicate what name needs to be written on the cake and the design of the cake. I have the photograph of the design that I ordered.
They clearly mentioned the exact name and cake design number in their cake order book, but still they made this blunder. Unfortunately, I didnt took the picture of their cake order book and I don't think they will now let me access their cake order book.
Now, I would like to know if it is possible to file a case in a consumer forum and ask them for refund and some compensation for the humiliation we have faced? I don't have any words from the cake shop yet because I was busy with the birthday celebrations. I strongly feel that they wouldn't do anything about it. It is not about the money. I'm feeling so insulated. Can anybody please help?
Asked 2 years ago in Civil Law