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While eating outside in a restaurant, cafe or hotel, if you get stale, substandard, cockroach or insect laden food in your plate, then people often sit quietly by arguing or getting the bill deducted. But under Indian law, customers have full legal right to get safe and quality food. If a restaurant owner or food operator plays with the health of the customer, he may not only have to pay huge compensation but may also have to face jail under FSSAI rules. Recently, a historic judgment given by the Bengaluru Consumer Forum has brought this entire legal mathematics back into discussion. Famous case of Bengaluru: How a famous restaurant got stuck with one soup and dosa? This case, which reached the Consumer Court of Bengaluru, is an example of a legal fight by a conscious customer. The victim customer had ordered food from a renowned restaurant in Bengaluru, in which he was served stale and moldy food. When the customer complained about this to the restaurant manager, instead of accepting the mistake, the employees misbehaved with the customer and recovered the entire bill. The customer approached the 'District Consumer Disputes Redressal Commission' with a photograph of the food, bill receipt and doctor's medical slip (proof of food poisoning). The Bengaluru Consumer Forum, while hearing the case, held it to be serious deficiency of service and unfair trade practice. Issuing the order, the court ordered the restaurant owner to: Refund the entire bill taken from the customer along with interest. Give compensation of ₹ 50,000 for mental torture and physical suffering. Paid ₹ 10,000 separately as litigation cost. Consumer Forum clarified that carelessness in food items can prove fatal for any person's health, hence no laxity on the part of the restaurant will be tolerated in such matters. Provision of punishment and fine under FSSAI and Food Safety Act 2006 Apart from compensation from consumer court, criminal and civil action can be taken against any Food Business Operator (FBO) under 'Food Safety and Standards Act, 2006': Substandard Food: If the food served is found to be unhygienic or of substandard quality, then under Section 51 Restaurants can be fined up to ₹5 lakh. Unsafe Food: If insects, fungus or poisonous substances are found in the food which can make a person sick, then under Section 59, there is a provision of jail for 6 months to 6 years and a fine of ₹ 1 lakh to ₹ 5 lakh for the restaurant owner. Death or serious injury due to food: If a customer dies or becomes seriously ill due to severe food poisoning, the guilty owner may face a punishment ranging from 7 years to life imprisonment and a heavy fine of up to ₹ 10 lakh. Consumer Protection Act 2019: After the implementation of the new 'Consumer Protection Act 2019', the rights of customers have become stronger. The provision of 'Product Liability' has been added to this. Under this, if any restaurant, e-commerce food delivery app (like Swiggy or Zomato) or cloud kitchen supplies you with spoiled food, then you can not only claim a refund but also file a claim for compensation in the consumer court for the health damage caused due to it. If you get spoiled food, do these 4 legal things immediately If such an incident ever happens to you in a hotel or online delivery, instead of panic, adopt the legal process: Gather evidence: Immediately record photos and videos of spoiled or adulterated food in your phone. Keep the bill safe: Keep the tax invoice of the restaurant or the digital invoice of online delivery safe. Doctor's report: If your health worsens due to eating bad food, then keep the doctor's prescription and medicine bill (this becomes the biggest evidence in the court). Register a complaint: You can register a complaint by calling the National Consumer Helpline (NCH) toll-free number 1915 or online on 'NCH App' and 'FoSCoS' portal of FSSAI.