• 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 4 months ago in Civil Law from New Delhi, Delhi

Firstly you will have to serve legal notice asking them to refund the amount paid by you as well as compensate you for the mental agony and harassment suffered by you due to the deficiency of services rendered by them  asking them to do the needful, within 15 days of receipt of the legal notice.

 

If they fail to adhere even after the receipt of the legal notice, you will have to file a complaint against them in consumer court for deficiency of services and unfair trade practices adopted by them under the Consumer Protection act, 1986.

 

Siddharth Jain
Advocate, New Delhi
4783 Answers
52 Consultations

5.0 on 5.0

You may file a complaint before the District Consumer Forum for deficiency in service. 

Mohammed Mujeeb
Advocate, Hyderabad
10241 Answers
3 Consultations

4.5 on 5.0

You can file a consumer complaint for deficiency of service and seek compensation

Prashant Nayak
Advocate, Mumbai
12902 Answers
23 Consultations

4.6 on 5.0

You can file complaint against cake supplier for deficiency in service 

 

2) seek compensation for mental torture undergone by you 

 

3) however please note that litigation costs would far out weigh compensation received by you 

 

4) case would take 2 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
66961 Answers
4043 Consultations

5.0 on 5.0

Give it a try over legal notice, instead of going to consumer forum right away, try to find out if some1 has a picture of the wrong cake. Consumer forum will ask for proof.

Aveek Bose
Advocate, Kolkata
951 Answers
4 Consultations

4.7 on 5.0

Yes you can do so by sending a Legal Notice and u can demand refund and compensation. You can also ask for a apology for their mistake. 

If they don't refund and Compensate then you can file a complaint in consumer forum and can get your case disposed in a year. 

Amol Chitravanshi
Advocate, New Delhi
220 Answers
1 Consultation

4.0 on 5.0

There is no evidence available with you to suggest what name you wanted to appear on the cake and also the design you wanted. Hence, you will get nothing if you go to court. Courts administer justice on the basis of evidence, verbal statements are not accepted as gospel. 

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

1. This is a case of deficiency of service for which you can file a case before the consume forum seeking refund of your money and damages and compensation out of this mental agony.

2. If you have proof of name f your daughter then the mistake is apparently done by the bakery.

3. However the amount of money and time you may expend is not worth pursuing the case unless you are still interested. 

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

1. send them a legal notice

2. you can also file a consumer complaint in the concerned FORUM

3. you may get your amount back and in addition some compensation

but the onus to prove deficiency is on you,

if the invoice number contains the cake design number, you can get the copy of their book by sending someone else to the shop or you yourself can visit their another branch to get the same

 

 

 

Suneel Moudgil
Advocate, Panipat
1142 Answers
1 Consultation

4.3 on 5.0

See you can file a consumer complaint against the shop owners for deficiency in service and can seek refund along compensation . Though you may not get much compensation in the case.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

Hi,

You are suggested to serve a legal notice to cake manufacturer for deficiency in service and unfair trade practices and demand the suitable compensation. If not paid by him, file case with consumer forum.

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

Yes you can go for deficiency in service if have valid proof of order given. 

Koshal Kumar Vatsa
Advocate, Gurgaon
1777 Answers
1 Consultation

5.0 on 5.0

Sir,

Surely you can sue for misrepresentation and breach of contract. 

All you need to establish that order delivered is different from what is given. 

Attach documentary and/or electronic evidence for the same. 

Anand Shukla
Advocate, Delhi
472 Answers
12 Consultations

4.9 on 5.0

Hello, 

 

yes you may send them a legal notice and claim compensation in some form. 

If they do not do the same then you may go ahead and file a case before the District Consumer Forum at the earliest. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

Fit case to drag them to the consumer Court for the blunder they committed. 

First, send them a legal notice in the present matter, calling upon them to compensate you for the humiliation and loss of reputation that you went through. Later, sue them in the Dist. Consumer Forum. 

 

Vibhanshu Srivastava
Advocate, New Delhi
8567 Answers
134 Consultations

5.0 on 5.0

Yes you can file case In consumer court and get compensation

N M Shetty
Advocate, Hubli-Dharwad
15 Answers

Not rated

Dear client 

You should definitely file the case in consumer forum for the compensation and humiliation you suffered due to thier pathetic service. So that they will not repeat the act with some one else also and ruin thier day. 

For that I suggest you should send some of your friend to thier shop and take photograph of the cake book for your design no. 

It doesn't matter that the name is written on the reciept or not your daughter name is kyra and it can be proved by her birth certificate also. 

And my suggestion is that you should claim the compensation ASAP. 

Mohit Kapoor
Advocate, Rohtak
3564 Answers
1 Consultation

5.0 on 5.0

You may first issue a legal notice to the cake show owner mentioning this discrepancy and expressing your dissatisfaction over the same and seek refund as well as compensation for the mental agony you had to undergo due to their careless and casual attitude.

Let them give a reply or come for a compromise, if it is not conducive then you may plan to take it up further through legal action.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

Yes you can first send legal notice and even then they are not compensating you,  you can file the complaint before District Consumer forum against deficiency in service and claim refund of total cost of cake plus compensation as well as litigation cost and you will surely win the case

 

 

 

Ram Kumar
Advocate, Delhi
16 Answers
1 Consultation

Not rated

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