Date of Filing:27/08/2021 Date of Order:22/07/2022 BEFORE THE BANGALORE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SHANTHINAGAR BANGALORE - 27. Dated:22nd DAY OF JULY 2022 PRESENT SRI.H.R. SRINIVAS, B.Sc., LL.B. Rtd. Prl. District & Sessions Judge And PRESIDENT SMT.SHARAVATHI S.M, B.A, LL.B., MEMBER COMPLAINT NO. 364/2021 COMPLAINANTS : | 1 | SRI RAMAANJANAPPA Aged about 71 years S/o Late Chikka Muniswamappa | | | 2 | Sri Shivakumar Aged about 26 years S/o Sri M. Narayana Swamy | | 3 | Mrs Mariyamma, Aged about 56 years, W/o Sri M.Narayana Swamy, | | 4 | Mrs. Bhagyamma, Aged about 31 years, W/o Sri K Channappa, | | 5 | Mr. C.Pavan Kumar Aged about 21 years, S/o Sri K Channappa, | | 6 | Kum. Deepika.C Aged about 17 years D/o Sri K. Channappa Minor in aged, Rept’d., by her Mother & Natural Guardian Smt. Bhagyamma, | | 7 | Mrs. Umadevi Aged about 28 years W/o Sri Ravi D/o Sri Kodandaram, | | 8 | Kum. Keerthana.M, Aged about 16 years D/o Sri K.Mohan, | | 9 | Master-Tarun Adhitya, Aged about 8 years S/o K.Mohan Sl. No.8 & 9 are minors in age, Rept’d, by their mother and natural Guardian Smt. M. Lakshmi All are R/at C/o. K. Mohan Flat No.202, No.50, “Udaya Nilay”, Dhoopanahalli, HAL 2nd Stage, Bengaluru 560 008 Rept’d by their GPA Holder Sri. K.Mohan S/o Late T. Konappa (Sri AN Krishna Adv. for complainants) |
Vs OPPOSITE PARTIES: | 1 | Sri RANGARAJU.R, (License Holder/Proprietor), M/s. Sendhoor Coffee, (Vegetarian Restaurant), Saibaba Temple Road, Cambridge Layout, Ulsoor, Bengaluru 560 008. | | | 2 | The Health Officer, BBMP Head Office, NR. Square, Bengaluru 560 002. | | 3 | The Commissioner, Department of Food & Civil Supply (Food Safety and Standards Authority of India, FSSAI) Seshadri Road, KR Circle Bengaluru 560 001 (Sri Gajendra.S Adv. for OP-1) (OP-2 and 3: Exparte) |
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ORDER
SRI.H.R. SRINIVAS. PRESIDENT
1. This is the Complaint filed by the Complainants through their GPA holder Sri K.Mohan against the Opposite Parties (herein referred to as OPs) under section 35 of the Consumer Protection Act 2019 for the deficiency in service in providing unhygienic food and thereby the complainants and others who consumed the said food got poisoned and thereby suffered immensely and had to be taken to the lab for test and then to the hospital for treatment thereby incurred expenses and has sought for the refund of the same together with legal notice and transportation charges to the extent Rs.4,33,000/- from OP-1 and for such other reliefs as the Hon’ble District Commission deems fit.
2. The brief facts of the complaint are that; one K Mohan the GPA holder of the complainants arranged breakfast and lunch to the invitees and his family members on the occasion of the death ceremony of his mother on 15.10.2020. OP-1 a caterer, agreed to provide the food i.e. breakfast including Idly, Vada, Karabath and for lunch Tomato Rice bath, meals and masala vada costing Rs.7,850/- which was reduced to Rs.7,500/-. The said amount was paid to the OP-1 on the supply of the food items. The same was consumed by the guest and relatives who attended the function. Afterwards, the GPA holder received continuous calls from the invites, guests, relative and also from complainants regarding their upset in their health. After much struggle he was able to locate the hospital by name VITALS Diagnostic and Day Care Centre at KR Puram and also came to know from the doctors of the said hospital, referring the complainants to Anand Diagnostic Laboratory at Shivajinagar, Bengaluru for Corona test and other tests for which the said Diagnostic center took samples of motion, blood for culture report and afterwards gave a test report stating that the complainants have suffered food infection/food poison due to contaminated/sub-standard food supplied on 15.10.2020. Complainants have spent Rs.33,000/- to the Anand Diagnostic Laboratory to get the test report and further for the said illness they were admitted to the hospital and they were panic due to COVID 19 situation also. They had to spend Rs.2,65,000/- towards hospital charges wherein they had to suffer for severe uneasiness, vomiting and dehydration due to the food that OP-1 supplied which they consumed.
3. In view of the relatives and guests suffering from the food poison, complainants had to approached the commissioner of police, commissioner of food and civil supplies, joint commissioner BBMP and health officer BBMP and complained against OP-1. Inspite of it, they have not taken any action and the matter is still pending with them. He was constrained to issue a legal notice on 06.02.2021 demanding payment Rs.4,33,000/- which he had spent towards hospital charges to conduct COVID test, advance paid towards catering , damages, transportation and to the legal notice. Inspite of the demand made through legal notice and personal approach, OP-1 did not met the demands made by the complaint and hence had to file this complaint seeking compensation and further prayed the commission to allow the complaint.
4. Upon the service of notice OP.1 appeared through his advocate whereas did not file the version inspite of obtaining sufficient time. OP-2 and 3 though served with notice did not appear before the commission and hence placed exparte.
5. In order to prove the case, GPA holder of the complainants filed his affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-
1) Whether the complainants have proved deficiency in service on the part of the Opposite Parties?
2) Whether the complainants are entitled to the relief prayed for in the complaint?
6. Our answers to the above points are:-
POINT NO.1 & 2: IN THE NEGATIVE.
For the following.
REASONS
POINT No.1 & 2:-
7. On perusing the complaint, documents, evidence filed by the complainant, it becomes clear that, the complainant arranged a function due to the death of his mother for which he invited his relatives and friends and guests for whom he had ordered breakfast and lunch with OP-1. Ex P2 is the photocopy of the estimate given by OP-1 regarding the rates which he is going to charge for the food i.e. he is going to supply. Ex P3 is the letter given by VITALS Diagnostic and daycare center headed by Dr.Shubha, MBBS DGO OBG and Dr.Y V Venkatachala MBBS Medical Director this letter dated 17.10.220 which mentions as “This is to inform that due an outbreak of? Food Poisoning, (following a family ritual) 9 members have got admitted in my centre. This is for your kind information: Names: Mr. Ramanjappa 62 years, Mr. Shivakumar 24 years, Mr. Pavan 23 years, Mrs. Mariyamma 50 years, Mrs. Bhagyamma 45 years, Mrs. Umadevi 28 years, Master Tarun 8 years, Miss Deepika 16 years, Miss Keerthana 16 years.” Complainant has produced Ex P4 medical test report of all the complainants where in it is related to the blood test report, Hematology report, Bio-chemistry report. On perusing the said report one cannot make out what exactly has happened to the said persons.
8. Ex P9 is the micro biology test report of one Master Tarur Adithya wherein it is mentioned as Stool Culture reported on 19.10.2020 received on 17.10.2020, organism isolated, no enteric pathogens like Salmonella Shigella are isolated. Stool for Hanging drop: negative for darting motility – Gram Stain: Negative for slender grand negative curved bacilli, not suggestive of Vibrio cholera (stool). Ex P10 to P14 are the various complaints given by the complainants to the commissioner of police, commissioner of BBMP, Health officer, Senior Health inspector, Commissioner of Food and Civil supplied, The PI and PSI of Indira Nagar Police. Ex P15 is the copy of the legal notice issued which has been received by the OP-1.
9. From all these though it can be gathered that the complainants and other persons and relatives of Mr.K Mohan the GPA holder of the complainants have suffered, there is no enough materials to show that due to the supply of the food by OP-1 only, such food poison has taken place. The evidence adduced is not sufficient enough to hold the said facts as proved.
10. When the VITALS Diagnostic center has taken the blood stool from the patient suffering the so called food poisoning for tests, it ought to have taken the remaining of the vomit and contents of the stomach and ought to have sent the same for a better test to confirm and conclude that the suffering of the patients is due to food poisoning and that too from the food that has been supplied by OP-1. When such being the case, it is not possible for this commission to hold that due to the supply of the food by OP-1 only the food poison has taken place. No concrete evidence is placed by the complainant to prove the deficiency in service on the part of OP-1. Hence we answer POINT NO.1 IN THE NEGATIVE and in the result we answer POINT NO.2 ALSO IN THE NEGATIVE and pass the following
ORDER
- The complaint is hereby dismissed. Parties to bear their own costs.
- Send a copy of this order to both parties free of cost.
Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.
(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this day the 22th day of JULY 2022)
MEMBER PRESIDENT
ANNEXURES
- Witness examined on behalf of the Complainant/s by way of affidavit:
CW-1 | Sri K Mohan GPA holder of the – Complainants |
Copies of Documents produced on behalf of Complainant/s:
Ex P1: Copy of the General power of attorney dated 14.07.2021.
Ex P2: Copy of the payment receipt dated 15.10.2020.
Ex. P3 to P9: Copy of the medical certificates
Ex P10: Copy of the complaint given to commissioner of Police.
Ex P11: Copy of the complaint given to commissioner of food and civil supply.
Ex P12: Copy of the complaint given to joint commissioner of BBMP.
Ex P13: Copy of the complaint given to Health Inspector BBMP. Bangalore.
Ex P14: Copy of the legal notice.
Ex P15 & 16: Postal receipts (2 Nos.)
Ex P17 & 18: Postal acknowledgement (2 Nos)
Ex P19, 20 and 21: Copy of the medical certificates. (3 Nos.)_
2. Witness examined on behalf of the Opposite party/s by way of affidavit:
RW-1: - Nil -
Copies of Documents produced on behalf of Opposite Party/s
- Nil -
MEMBER PRESIDENT
RAK*
