Shabu shop hits back with defamation threat against complaining customer

[rott]

The law is simple enough, you do nothing that will impair somebody's reputation.

(Thai Criminal Code Section 326)

[island coconut]

3 hours ago, theoldgit said:

 

I don't think many restaurant staff appreciate being told that the food served is not up to a good standard, so their response would not be in their script.

 

We went to a restaurant in Phuket a couple of weeks ago, an international franchise which boasts American food along with rock music.

 

I ordered a steak, which cost a tad over 1,750 Baht, when the server came and asked if everything was ok, my response that it was probably the worst steak I'd ever been served, and held up the steak which was just fat and grissle, she looked like a rabbit stuck in a cars headlights, to lighten things I added that "the broccli was nice though", there was a big smile on her face and a "thank you", and off she went.

 

I do have some sympathy for restaurant when diners who overfill their plates at these sort or outlets, especially when they don't eat all they've taken, but I'm sure it's costed into the price they charge.

 

I don't believe that threatening to sue disgruntled diners for defamation is a particularly good business model.

1750 for a steak? Man, did you get screwed.

 

[soi3eddie]

1 hour ago, Excel said:

Agreed its as if many Thais have a competition to see who can get the most on their plate without it falling off.

Went on a 2 night mini-cruise out of Phuket in about 2005. I was the only farang. The rest were all Thais and OMG at breakfast, lunch and dinner times they were like locusts and the buffet counters would be empty within minutes! Plates piled high and the greed was insane.  

 

[rott]

6 minutes ago, new2here said:

 

 

now, I will say that IF it is proven that the customer KNEW the claim was false but proceeded anyway, THEN I can see a legit issue raised by the shop… but short of that- no.

 

 

Thai Criminal Code Section 330 (Defamation):-

In a private matter the truth is not a defence. 

Edited March 29, 2022 by rott

[Almer]

4 hours ago, JoePai said:

Sorry I do not understand - did they not pay for the food ?

You are fined if you take more than you eat, little and often is OK, take a heap and leave it to waste yo will be fined, with fear of being fined my comment is, have you seen how some families act at a buffet, heap plates with more than can be consumed , or and, heap plates and sneak it into a doggy bag. 

[ThailandRyan]

22 minutes ago, soi3eddie said:

Went on a 2 night mini-cruise out of Phuket in about 2005. I was the only farang. The rest were all Thais and OMG at breakfast, lunch and dinner times they were like locusts and the buffet counters would be empty within minutes! Plates piled high and the greed was insane.  

 

Gotta get their monies worth now.....

[Benmart]

Gluttony is easily remedied by taking smaller portions, eating it and returning if still hungry. Sadly, the customer(s) in question may not subscribe to that tactic and if a fine is posted concerning waste, then buyer beware.

[SymS]

4 hours ago, webfact said:

fined 50 baht for every 100 grams of meat

They paid 1000 Baht in fine. If true, that means they ordered 2 kilograms of meat they didn't eat and the shop had to throw away.
The customers appear at fault here, unless the meat was really uneatable.

[Will B Good]

Just now, Benmart said:

Gluttony is easily remedied by taking smaller portions, eating it and returning if still hungry. Sadly, the customer(s) in question may not subscribe to that tactic and if a fine is posted concerning waste, then buyer beware.

Wife used to drive me mad..........I would order a dish and she would order two or even three.....her excuse being she would normally be sharing with family???

 

She now has to eat everything she orders......on my orders!, so now she only orders two dishes but then claims part of each dish is inedible and she can't finish up.

[swm59nj]

    So if you go into an "all you can eat" buffet, restaurant, what ever.  And you probably pay a set fee in most of these places for " all you can eat"  You have to know how much you are able to consume before you take the food.  Or actually you pay for the food you cant finish.

    Sounds logical to me lol.  So its actually a restricted all you can eat restaurant.

    Im kind of surprised most people have no issues with this concept.  Especially seeing many posts on the forum of people complaining of paying a few baht more for things.  Especially booze.

[ThailandRyan]

1 minute ago, swm59nj said:

    So if you go into an "all you can eat" buffet, restaurant, what ever.  And you probably pay a set fee in most of these places for " all you can eat"  You have to know how much you are able to consume before you take the food.  Or actually you pay for the food you cant finish.

    Sounds logical to me lol.  So its actually a restricted all you can eat restaurant.

    Im kind of surprised most people have no issues with this concept.  Especially seeing many posts on the forum of people complaining of paying a few baht more for things.  Especially booze.

So you would go to Sizzler, order the salad bar, fill 20 plates up, eat 3 and leave the rest because it did not taste well.  Kind of a moronic thing to do and you would have known after a plate or so if the food was not good and then not returned for another plate from the salad bar and not wasted food.        

[cardinalblue]

The biggest issue is that the business can sue the customer for remarks…

 

if the business doesn’t like it, then provide service to the point where the customers doesn’t run to a media platform to complain…

 

the customer has the right to complain whether it’s inflated or not….

 

was in the health care field and many many times the customers remarks were way off base to just not true….

 

our company one of the biggest in US response never thought of suing the customer/patient…

 

complete opposite strategy must be taken if one is a legitimate business trying to provide Customer service…

 

“the customer is always right” is the only way to a final resolution….

[Chongalulu]

5 hours ago, JoePai said:

Sorry I do not understand - did they not pay for the food ?

Reading and comprehension difficulties? ???? 

[keystonecoppers2]

 

 

                                    When it is "All you can eat" at one amount of money,

                                    Why need to overload your plate?

                                    Take some food and if not full (stuffed), go !back for 

                                    some more. How difficult can it be?

 

                                    I`m not taking any sides to either the customer or the

                                    restaurant, I just feel it is petty arguments from either side.

 

                                        Cheers

[metisdead]

Some more troll posts and the replies have been removed.

[thairookie]

The mother of all buffets will be back when the China tourists are back.????

[ThailandRyan]

17 minutes ago, cardinalblue said:

The biggest issue is that the business can sue the customer for remarks…

 

if the business doesn’t like it, then provide service to the point where the customers doesn’t run to a media platform to complain…

 

the customer has the right to complain whether it’s inflated or not….

 

was in the health care field and many many times the customers remarks were way off base to just not true….

 

our company one of the biggest in US response never thought of suing the customer/patient…

 

complete opposite strategy must be taken if one is a legitimate business trying to provide Customer service…

 

“the customer is always right” is the only way to a final resolution….

One can only wish and hope that Thailand could be the same with their views and not be so sue happy or even LM crazy when someone makes an off th cuff comment.  Could you imagine how that would go over in the US, the UK or the EU if you spoke some not so favorable comments about those in power and were prosecuted for such....

[Harveyboy]

5 hours ago, tonray said:

When will they start with these fines at "alll you can eat" buffets ?

they already do ..our local one if you leave food you have taken on the plate do not eat you pay again  at our local Korean BBQ same 

[phetphet]

Gf took 9 y.o. daughter to one of these places. Normally half price for a child when they go. This time they charged for two adults. When asked why,?  Staff said, "She is too tall."

[sawadee1947]

5 hours ago, Will B Good said:

Seems fair to me.

Not unless it's somewhere written, eg Menu.

[Burma Bill]

5 hours ago, webfact said:

They complained the meat was gristly

 

5 hours ago, webfact said:

legal avenues against the customer for posting allegedly defamatory comments online

Fortunately (I hope) the Thai draconian defamatory laws do not cover complainants living outside Thailand. 

In a hypothetical situation, if I was to write a defamatory report about gristly meat in a Thai restaurant after I had returned home and posted the report in AN's Myanmar (Burma) Forum or Trip Advisor, would I still be liable for prosecution?

[thaibook]

Fining people for not eating is eco virtue signalling gone mad.

 

Can they ban fat people or hingry people or poor people?  How anbout people who use clean cutlery for each plate or "too many" paper napkins?

 

Better approach is to charge a price per plate and then give a discount for all plates eaten more than x%.  Same idea as in Texas where in some places if you finish the steak it is free.

 

 

[Thunglom]

There is still a streak trough Thai business that believes the customer is always wrong.

these stories have a habit of travelling round the world.

Do they not realise not publicity like this not only affects their business negatively but reflects badly on the restaurant and tourist business as a whole. 

[hotchilli]

5 hours ago, JoePai said:

Sorry I do not understand - did they not pay for the food ?

My thoughts too, if they paid the bill who cares about the un-consumed food?

[Lemsta69]

57 minutes ago, cardinalblue said:

The biggest issue is that the business can sue the customer for remarks…

 

if the business doesn’t like it, then provide service to the point where the customers doesn’t run to a media platform to complain…

 

the customer has the right to complain whether it’s inflated or not….

 

was in the health care field and many many times the customers remarks were way off base to just not true….

 

our company one of the biggest in US response never thought of suing the customer/patient…

 

complete opposite strategy must be taken if one is a legitimate business trying to provide Customer service…

 

“the customer is always right” is the only way to a final resolution….

but this ain't the USA bro, it's Thailand. they do things their way, always have always will.

Edited March 29, 2022 by Lemsta69

[richard_smith237]

18 minutes ago, thaibook said:

Fining people for not eating is eco virtue signalling gone mad.

 

Can they ban fat people or hingry people or poor people?  How anbout people who use clean cutlery for each plate or "too many" paper napkins?

 

Better approach is to charge a price per plate and then give a discount for all plates eaten more than x%.  Same idea as in Texas where in some places if you finish the steak it is free.

 

You've misunderstood the reason this is necessary - Its a Buffet, the business model is to attract people who ‘think they can eat their monies worth’.... Some get greedy and order more food than they can eat.... this food goes to waste.

 

Its not virtue signalling all all, it ensuring customers behave as unfortunately when it comes to ‘buffet’ people (some) turn into gluttonous wasteful pigs. 

 

Nearly every buffet restaurant in Thailand operates the same way with the same ’time limit’ and same ‘uneaten waste policy’ because the model works.

 

 

In this instance - the it would seem that the customers ordered 2kg of food they didn’t eat. 

Why is that fine ???

 

I do completely disagree the manner in which defamation laws used to threaten the customers - a simple response "they wasted 2 kgs of food" would have had the media and netizens onside, if they are not already. 

 

This would not have been news without the restaurant threatening the customer with  'defamation laws’...   Thats the real issue here, the existence of such an utterly moronic law.

 

 

 

 

 

 

 

[shackleton]

If their eyes are bigger than their bellies????

Then they deserve to pay

Every thing should be in moderation you can always go back for more ????

[richard_smith237]

39 minutes ago, phetphet said:

Gf took 9 y.o. daughter to one of these places. Normally half price for a child when they go. This time they charged for two adults. When asked why,?  Staff said, "She is too tall."

We have the same issue.....  when my Son was 6 he was taller than a Thai 10 year old.. 

He was above ‘height limit’ for ‘children's price’ (usually at least 50% discount from adults price). 

Such restaurants usually have a height ’scale’ to measure the children. 

 

We often found ourselves debating this and walked out of a few restaurants which wouldn’t budge although many have conceded. 

 

 

[Denim]

2 hours ago, cnx101 said:

Chinese 

Thai

[ThailandRyan]

23 minutes ago, hotchilli said:

My thoughts too, if they paid the bill who cares about the un-consumed food?

They paid the bill which Included the 1k baht charge and then complained about it which has caused the issues.  Should have just quit while they were ahead.