IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday, the 20th day of January, 2017
Filed on 10.12.2014
Present
- Smt. Elizabeth George (President)
- Smt.Jasmine.D. (Member)
in
C.C.No.336/2014
between
Complainant:- Opposite Party:-
Sri. Devaraj The Proprietor
Puthenparambil Adithya Restaurant
Avalookkunnu Nangyarkulangara
Aryad South, Alappuzha Haripad, Alappuzha
(By Adv. R. Rajendra Prasad) (By Adv. Bijily Joseph)HHH He
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
On 2.10.2014 at about 10 p.m. complainant and his family visited a restaurant of the opposite party for taking food. Accordingly they ordered 6 Chapathi, 6 Porotta, one Chicken curry, one Chillygopi, one egg curry, one chicken fry and one noodles. While the complainant’s son eating noodles he noted a black bee in the noodles and that caused omitting to him. They informed it to the supplier, and the hotel manager came to see that and ridiculed the complainant and his family. The complainant’s son became tired due to the omitting and he was admitted in the T.D. Medical College Hospital. The food was prepared in the unhygienic circumstances and the act of the opposite party caused much inconveniences and mental agony to the complainant. Alleging deficiency in service on the part of the opposite party, hence the complaint is filed.
2. The version of the opposite party is as follows:-
The allegations in the complaint are not correct. No such incident as alleged in the complaint occurred in the opposite party restaurant. The bills issued as alleged is not correct. The bills produced are the bills issued to some other person. There is no deficiency in service on the part of the opposite party.
3. The power of attorney holder of the complainant was examined as PW1. The documents produced were marked as Ext.A1 to Ext.A7 series. The opposite party was examined as RW1. Documents produced were marked as Exts.B1 to B3.
5. Points for consideration are:-
- Whether there is any deficiency in service on the part of the opposite party?
- If so the reliefs and costs?
6. According to the complainant, he and his family visited the restaurant of the opposite party on 2.10.2014 and ordered some food. While the complainant’s son was eating noodles, he came to see a black bee and that caused him omitting and thereafter he was admitted in the hospital. Complainant produced the OP ticket from the hospital and it marked as Ext.A3. In Ext.A3 under the title clinical hospital it is stated as follows:-
“C/o omitting sacral grisole abdomen discomfort had food from a hotel one hour back.” The patient’s name is shows as Jayaraj. PW1 deposed before the Forum that the family members include Jayaraj, son of Devaraj. As per the Ext.A3 it is clear that the complainant’s son had abdomen discomfort and that caused omitting and also he had taken food from the hotel one hour back. The bills produced by the complainant are opposed by the opposite party. At the same time they admitted in the version that it was the bill issued to some other person and not to the complainant and complainant had taken it from some others. So it is clear that it was the bill of the opposite party. As per Ext.A3 omitting was due to the abdomen discomfort. Ext.A7 series the photos produced by the complainant also substantiate the allegation of the complainant. It has come out in evidence that followed by the incident the child was admitted in the hospital and child was suffer from omitting which caused hardship not only to the child but also caused much mental agony to this patient. This kind of incident should not be repeated and restaurant owners are expected to maintain a standard in the preparation of food and service. The aforesaid incident caused defect and deficiency in service. In the complaint they admitted that in addition to the noodles, they have ordered several other items also. So they are not entitled to get refund of the amount that they paid for the food. At the same time as we have discussed above, the complainant is entitled to get compensation for the defect and deficiency in service on the part of the opposite party.
In the result, the complaint is allowed. The opposite party is directed to pay Rs.5,000/- (Rupees five thousand only) towards compensation and Rs.2,000/- (Rupees two thousand only) towards costs of this proceedings to the complainant within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the 20th day of January, 2017.
Sd/- Smt. Elizabeth George (President)
Sd/- Smt. Jasmine.D. (Member)
Appendix:-
Evidence of the complainant:-
PW1 - Haridas. R. (Witness)
Ext.A1 - Special Power of Attorney
Ext.A2 - Original of the bill issued by the opposite party
Ext.A3 - Original of the OP ticket
Ext.A4 - Office copy of the legal notice
Ext.A5 - Original of the postal receipt
Ext.A6 - Original of the acknowledgement card
Ext.A7 series - Photographs
Evidence of the opposite party:-
RW1 - M. Venu (Witness)
Ext.B1 - Reply notice
Ext.B2 - Model bills
Ext.B3 - General power of attorney
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
