BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.146/2017

DATED ON THIS THE 29^th November 2017

Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT  

    2) Smt. M.V.Bharathi                   

                                   B.Sc., LLB., -  MEMBER

    3) Sri. Devakumar.M.C.                

                                            B.E., LLB., PGDCLP,    - MEMBER

Sri M.C.DEVAKUMAR,

Member

1.     The complainant filed the complaint under section 12 of the C.P.Act, against opposite party, alleging deficiency of service and seeking a direction to refund the bill amount of Rs.165/- and Rs.2,000/- damages for the mental agony caused and Rs.5,000/- towards misbehaviour in public with litigation expenses of Rs.5,000/- and other reliefs.
2.    The complainant with his friend visited the opposite party hotel and placed an order for 3 (Nos.) South Indian meals.  The chapathi served was found to be half baked and requested for a different one.  The opposite party refused to oblige and misbehaved rudely in front of other customers.  Hence, the aggrieved complainant filed the complaint seeking reliefs.
3.     The opposite party remained absent on service of the notice and placed exparte.  An application under order 9 Rule 7 of C.P.C, came to be allowed on cost, by setting aside the exparte order.  However, version not filed.
4.     To establish the facts, the complainant led evidence and filed written arguments.  The opposite party addressed arguments. Perusing the material, matter posted for orders.
5.     The points arose for our consideration are:-

1. Whether the complainant established the deficiency of service on the part of opposite party, in supplying an half baked chapathi with the South Indian Meals and the rudel behaviour in presence of his friends and customers and thereby he is entitled for the reliefs sought?
2. To What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- In the negative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant alleged that, the opposite party served the South Indian Meals with half baked chapathi, when he visited the opposite party hotel on 01.02.2017.  The requests made to supply a different and properly baked chapathi was denied by opposite party.  Further alleged, due to misbehaviour, he suffered mental agony before other customers.  Hence, the complaint and sought for the reliefs.
8.    The opposite party argued that, the chapathi was properly baked and denied the allegation as baseless and frivolous, as there were no complaints with regard to the same by any customers.  The complainant made the allegation with an ulterior motive of making unlawful gain from opposite party.  Hence, prayed for dismissal of complaint.
9.    The cash bill established the visit of the complainant on 01.02.2017 to the opposite party hotel and made the payment towards the meal they had at about 2.36 hrs in the afternoon.  The complainant failed to establish the allegation of half baked chapathi had been served to him by means of any material evidence by any food inspector or expert report.  Further, no witness is examined to establish the allegation of misbehaviour to support his contention.  Therefore, the complainant is liable to be dismissed and the complainant is not entitled for any reliefs as sought.  Accordingly, the point No.1 is answered in the negative.
10. Point No.2:- In view of the observations made in point No.1 above, we proceed to pass the following

:: O R D E R ::

1. The complaint is hereby dismissed.
2. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 29^th November 2017)