Introduction:

The Consumer Disputes Redressal Commission at Ernakulam recently delivered a noteworthy verdict, ordering a bakery to pay compensation to a family affected by food poisoning due to the consumption of its products. In the case of Santhosh Mathew v K N Bhaskaran, the family sought redress for the physical and mental agony caused by unsafe food. The Consumer Forum acknowledged the family’s efforts in seeking justice, setting a commendable example for consumers facing deficient service and unfair trade practices.

Arguments of Both Sides:

The complainants, represented by Advocate Tom Joseph, highlighted the health hazards caused by the bakery’s products, leading to a penalty imposed by the food safety authority. The family sought compensation for deficiency of service and unfair trade practices. On the other side, the bakery, represented by Advocate P T Girish, faced allegations of violating safety standards, unhygienic practices, and failure to produce a valid license during inspections.

Court’s Judgement:

The Consumer Forum found the bakery liable for deficiency of service and unfair trade practices, emphasizing that food sold should meet legal and contractual standards. The court considered the violation of food safety standards as an unfair trade practice, invoking the constitutional right to safe and healthy food. The family’s proactive approach, obtaining reports through RTI, was lauded. The bakery was ordered to pay 30,000 rupees as compensation for physical and mental hardships and 20,000 rupees as the cost of proceedings.