KOCHI : The Ernakulam District Consumer Disputes Redressal Commission has ordered a bakery owner to pay a compensation of Rs 50,000 to the complainants, a four-member family, who suffered food poisoning after consuming puffs at a bakery in Muvattupuzha. The fine was slapped on K N Bhaskaran, proprietor of Suseela Bakery, Kalloorkadu, Muvattupuzha, based on a complaint lodged by Santhosh Mathew, a resident of Ayavana, his wife Suja, son Nadhan and daughter Nidhy.
The incident took place on January 26, 2019, when the family bought bakery items, including puffs, from Suseela Bakery. Shortly after consuming the items, they started experiencing symptoms of food poisoning, such as loose motion, abdominal pain, and vomiting. They sought medical treatment at MCS Hospital and filed a complaint with the food safety and health authorities.
Though the bakery owner was informed about their condition, he threatened the complainant instead of tendering an apology. The food safety and health authorities inspected the bakery and found several health hazards, and imposed a penalty of Rs 3,000 for safety rule violations.
The complainants claim to have suffered mental agony and financial loss due to the incident. They sought Rs 50,000 in compensation for the hardships and the unsafe food, citing deficiency in service and unfair trade practices. The complaint included a request for relief and the cost of the proceedings.
However, the bakery owner challenged the accuracy of the claims about purchasing bakery items, including the consumption date and subsequent illness symptoms. It’s stated that the claim of food poisoning from the bakery’s products was false and the allegations in the complaint were denied as false, exaggerated, and baseless.
The commission comprising its president D B Binu, and members V Ramachandran and Sreevidhia T N observed that Article 21 of the Constitution guarantees the right to life.
Lauding the efforts of the family, the commission observed, “The commission deeply appreciates individuals like them who don’t merely point out flaws in existing legal systems but instead discover the limitless potential of consumer protection laws and RTI Act. They used their knowledge to obtain essential documents, approach the commission, and persist until a final verdict was reached in their legal battle.
The commission extends its sincere appreciation to the complainant and his family, recognizing the significant efforts they made to seek justice for their legitimate rights. Their actions set a commendable example for other consumers facing issues related to deficient service and unfair trade practices perpetrated by unscrupulous traders.”