The renowned café chain in Delhi, Brown Sugar has been served with a legal notice for serving sub-standard, unsafe and contaminated food to a customer on April 10, 2019.
The customer, Jhanak Singh served the legal notice alleging that on April 10, Café Brown Sugar, South Extension II branch via Swiggy App delivered contaminated food with fungi all over it.
Prominently known for their freshly prepared sauces, the customer trusting the quality of their food placed an order with the café, however, much to her disgust, the food containing Shezwan sauce was covered with a layer of fungi that was easily visible through naked eyes.
When she tried to bring the matter into the notice of the café staff by making several calls and by sending pictures and videos of the contaminated food. The café staff did not bother to respond or remedy her grievances. Thus, compelling her to choose the legal route.
Ms. Singh speaking to LawStreet Journal said that “I am an advocate by profession. Having knowledge about food safety and standards in India I didn’t take this issue lightly. Being in the food business, the restaurant has the utmost responsibility to comply with food safety standards and serve its customers food that is safe to eat. However, café Brown Sugar not only served contaminated and sub-standard food but they also failed to take any action to remedy my grievances. This led me to send a legal notice to them.”
In view of the allegations made, Ms. Singh has sought from Brown Sugar and its Directors Mr. Ayush Gangwani and Ms. Kajall Gangwani to refund Rs 601/- paid for the food and to pay compensation of Rs 5 Lakh for exposing her and her family including young children to poisonous food due to their negligence.
LawStreet Journal Views
As per Section 59 of the Food Safety and Standards Act, 2006, “Any person who, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human consumption which is unsafe, shall be punishable,– (i) where such failure or contravention does not result in injury, with imprisonment for a term which may extend to six months and also with fine which may extend to one lakh rupees.”
Therefore, restaurants have a duty to serve to their customers’ food that is safe to eat, and if they engage in actions that they know or should know could result in their serving unsafe food, causing a customer to become injured or sick, they can potentially be held liable for the damages suffered by the customer.