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Hey there, welcome to this episode of
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Just Be Logical. And I want you to
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imagine this. Let's say you enter into a
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restaurant and you ordered pasta. Now,
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after an age long of wait, your order
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finally arrives. And it looks as if it
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has been dropped twice before being
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served to you. The taste is as
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horrendous as expired toothpaste
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And now the legal question comes of
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whether you can just get up and get out
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of the restaurant without paying your
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bill. So check out the entire video and
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So let's assume you enter this dramatic
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situation of entering into a restaurant
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and ordering the pasta that tastes like
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filth and you decide to just get up and
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leave without paying a single penny. Now
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can you do this legally? Don't get
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excited yet but the answer is sadly no
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you cannot because the moment you enter
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in into a restaurant you have entered
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into an implied contract. No friends,
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what is an implied contract or we also
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call it a contract by conduct? It means
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that you have made an acceptance by
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conduct. So the moment you order
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something and the dish comes to your
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table, it means the restaurant promises
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you food and you have promised them
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money by acceptance and conduct. Another
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example could be let's say you enter
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into a local Mumbai train. Now it goes
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on said that if you're commuting by
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train there need not be a written
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contract that says oh I am entering into
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the train so I need to purchase a
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ticket. No it's implied the moment you
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enter into any public transport you need
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to pay you need to get your ticket
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ticketing done and only then you have
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the right and authority to commute by
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that respective transportation.
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Similarly, when it comes to restaurants,
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the moment you grab your seat, you have
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ordered your food, the restaurant has
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promised you to serve the food and you
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have promised to pay in exchange of the
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food. Yes, there's only one condition
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where you can refuse to pay and the
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restaurant is obligated to either refund
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or to replace the dish on your table.
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That is when the food is either spoiled,
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unhygienic or not of good quality. So
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all the consumer protection laws say
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this that you are entitled to safe
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hygienic and good food that is safe and
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healthy food. So in case you see a roach
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dancing on top your pasta or you witness
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the neighbor's hair or you know you get
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to know that the food has been
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undercooked or it's not hygienic or
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unsafe, you can politely refuse to pay
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for the bill or you can ask for a refund
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or you can simply ask them to get a
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replacement for the same dish. Now as
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per the consumer protection act of 2019
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of India these are what uh steps you can
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take measures you can take but please
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ensure that there are suggestive
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measures please don't start screaming
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and creating a chaos in the restaurant
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as if you are preparing to get entered
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into big boss season or don't start
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throwing plates here and there or don't
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start banging your head against the
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table. No, please be patient. Please be
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calm enough. And you may politely
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request a refund or you may politely
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just ask the manager to strike off the
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amount of the dish from your bill or
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simply get a replacement. If you don't
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do either of it, please go back to
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either of the movies or like Bollywood
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used to do it in the year 1999. That's
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you head to the kitchen and do the
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dishes. So please go and abide by the
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suggestive measures. That's how
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logically we do it. Now what in case you
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have already been harmed or impacted by
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the food, you can certainly demand for a
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compensation. And let's say if the
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authorities of the restaurant do not eh
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or do not abide by the laws, you can
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certainly escalate the matter to the
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consumer court. Or you can just click a
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photograph or make a video of the
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contaminated or spoiled food and you can
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escalate the matter to the food safety
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authorities which can further probe into
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the matter. But that's how legally you
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should be proceeding not just escape
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through the back door if your food is
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So these are a few things that you
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should be keeping in mind. Do comment
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your worst food experiences ever in the
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restaurants you have been so far or if
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you have been in any sort of a big boss
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drama there. Do let us know. Stick with
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us for further videos and subscribe to
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Just Be Logical. See you in the next
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video. This is Weber Agraal. Take care.