Versus
PALI’s Shuddh Shakahari Dhaba,
Poonia Complex, Panchwati Circle, Raja Park,
Jaipur-302007, Rajasthan .…………...Opp.Party
Counsels:-
- For the Complainant :- Self
- For the O.P. :- Ex-parte
Date of Filing:08.12.2023, Date of Hearing :11.03.2024 Date of Judgement : 15.04.2024
Presented by Sri Sadananda Tripathy, Member.
- The case of the Complainant is that the Complainant had gone to Jaipur and had dinner at Table No. 7 on 19.11.2023 in the restaurant run by the OP and paid Rs. 420/-. The Complainant had ordered idli Rawa amongst other items, as evident from the bill attached and was accordingly served a plate of idli rawa containing 2 pcs of idly, a bowl sambhar and a bowl of white coconut chutney. The Complainant found the white coconut chutney was sour and displeasing in taste and also not fresh. He immediately informed the OP but the OP said that the sour taste is due to lemon added to it and it is fresh. However, at the request of the Complainant, the OP replaced it with another bowl of white coconut chutney. However, the replaced chutney was also sour & bad in taste and not fresh. The Complainant again informed the OP but the OP refused to change it and said that the chutney provided is fresh and good. Believing the OP, the Complainant continued taking his meal with the chutney replaced by the OP. In the same night of 19.11.2023 at around 11 PM while he was returning from Train, the Complainant developed pain in the stomach and also had dysentery & vomiting. The Complainant took medicines for dysentery & stomach ache which he carried along with him with a hope that he would feel better. On the next morning on dtd. 20.11.2023, the health condition of the Complainant further deteriorated and somehow he was able to board the train from Delhi to Sambalpur but was not able to reach his coach and managed to sit in the unreserved coach which was stationed in front of him. With the help of the fellow passengers, the Complainant tweeted to the Railway Ministry at around 8.17 AM on 20.11.2023 briefing of his conditions and after around an hour, 3TTEs came to the Complainant after searching many coaches and helped him to reach his allotted berth and provided him with some medicines and ORS Juice after telephonic consultancy from doctor and assured him of hospitalization in case of need. Upon reaching Sambalpur the next day on 21.11.2023, the Complainant consulted his doctor and was diagnosed with food poisoning and was prescribed medicines for the same along with rest. This is cheating, deficiency in service & unfair Trade Practice adopted by the OP.
- The OP is set-exparte.
- After perusal of the records available, it is found that due to eating of Non-hygienic/unhealthy food supply by the OP, the Complainant had suffered from food poisoning. Consumer protection from food hazard is necessary, as many human illnesses are food related. Nutritional status and economic well-being are affected by food carrying pathogenic organisms and their toxins or poisonous chemicals. Supply of un- healthy/ Poisonous food can harm or injure consumers, lead to costly lawsuits and cause reputational damage. So, deficiency and Unfair Trade Practice found against the OP. Accordingly it is ordered.
ORDER
The case is disposed of on merit. The O.P. is directed to pay Rs. 50,000/- towards negligence, deficiency in service as Compensation and Rs. 10,000/- towards cost & litigation expenses of the petition to the Complainant within 30 days from the date of order, failing which the whole amount will further carry with 9% interest per annum till realization to the complainant.
Order pronounced in the open Court today on 15th day of April, 2024.
Free copies of this order to the parties are supplied.
