By: Miss. R.K.Madanavally, Member
Facts in brief
On 19.5.2013 at about 10 am the complainant went to the opposite party's hotel and ordered 3 'Appam' and 'Potato curry'. When he started to eat the same, it was under stood that, the potato curry supplied to him was prepared in the morning. When he informed the matter to the waiter, he became angry. Then he challenged the rate of the above 'curry' in the bill Rs. 50/- was charged for the same and the waiter told him that, they are charging Rs. 50/- for the potato curry. By eating the old curry he
had consulted with a doctor. According to the complainant, supplying the stale curry and charging 50/- rupees instead of 25 rupees for the potato curry were against the Food Safety Act. He submits that the opposite party is exploiting the passengers. Hence this complaint is filed for seeking Rs. 5000/- for compensation towards his physical and mental agony.
Opposite party filed detailed version by denying the entire averements in the complaint. According to the opposite party, a group of people including the complainant came to the hotel at midnight after consuming Alcohol and demanded the food. They demanded the food immediately. The opposite party told them that they are supplying fast food as per the order of the customers. The above group then ordered a vegetable 'Kuruma' and after eating the kuruma they again ordered the same and there occurred a quarrel between them. The opposite party further submits that on thinking about the prestige of their hotel, they didn't complaint the above incident before the police. More over the other persons who had eaten the food item had caused nothing. Only the complainant felt uneasiness and the entire story is baseless.
The main issues arised for consideration are:-
1. Whether opposite party is deficient in service.
2. Relief and costs if any:
Point No. 1& 2
On perusal of evidence we find that no price list is exhibited in the hotel which would amount
to a deficiency of service. One of the main allegations of the complainant is that the opposite party has charged for the goods a price in excess ie Rs. 50/- instead of the actual price of Rs. 25/- for vegetable curry. The third paragraph of the version dated, 5.10.2013 submitted by the opposite party states that"കിഴങ്ങ് കറിക്ക് 25/- രൂപക്ക് പകരം 50/- രൂപ ഈടാക്കി എന്നു കാണിച്ചത് ശരിയല്ല". But according to Ext. A2 and Ext. A3, Rs.50/- is charged for the vegetable curry from the complainant. Subsequently, it is stated in the counter affidavit dated, 28.2.2014.
In paragraph No.6, that “ എതിര് കക്ഷിയുടെ ഹോട്ടലില് വെജിറ്റബിള് കുറുമയാണ് പരാതിക്കാരന് ഓര്ഡര് നല്കിയിരുന്നത്. വെജിറ്റബിള് കുറുമക്ക് 50/- രൂപയാണ് ചാര്ജ് ചെയ്യുന്നത്. കിഴങ്ങ് കറി പരാതിക്കാരന് ആവശ്യപ്പെട്ടിട്ടില്ല". But Bill No 71 and 72 issued by the opposite party to the complainant, marked as Ext. B2 and B3 discloses that in both bills the same price of Rs. 50/- each is charged. Whether this charge is intended for vegetable curry or vegetable kuruma is not specifically mentioned in the Bill.
The complainant has filed the chief affidavit as a part of his evidence and Ext. A1 to Ext. A5 is marked. Ext. A1 is the out patient card of the M.A.M.Hospital Kanjirapally and Ext. A4 is the medical certificate issued by the same Hospital. Complainant is not cross examined. Both parties did not adduce any oral evidence.
The opposite party filed the counter affidavit in detail and the documents produced by him is marked as Ext. B1 and Ext. B2. The Ext. B1is the registration certificate under Food Safety and Standard Act 2006. Ext. B2 is the license to conduct the hotel, issued by the grama panchayath, Chelembra. It is proved that the hotel is being run in accordance with the Act and Rules and the allegation of the complainant that hotel is running without license , is rejected.
The complainant, has approached the doctor for treatment on the next day itself. No personal animosity is proved between the parties. The complainant is a government servant at a far away station and happened to travel from calicut to kanjirapalli along with his children. We cannot believe that he will foist a false and fabricated case against an hotel owner for a small amount of Rs. 25/-. Supplying old, poisonous and hazardous food items in the hotel is a common phenomenon in this “Gods own country” . Even five star hotels in the capital city are not an exception in supplying very poor quality foods.
The complainant who conducted the case with out the assistance of legal practitioner has suffered much hardships and mental agony , by the act of the opposite party. Even though he claims Rs. 5000/- as compensation, for the interest of Justice we are awarding Rs. 2000/- and to return to the complainant the price paid by him ie Rs. 50/- for the vegetable kuruma.
In the result, we order that the opposite party shall return to the complainant, the price or charge of the vegetable curry paid by the complainant ie Rs.50/-. It is further ordered that the opposite party shall pay Rs.2000/- as compensation to the complainant for the mental agony and hardships suffered by him due to the negligence of the opposite party. No order as to cost. The order shall be complied with in one month from the date of receipt of the copy of this order.
Dated this 1st day of July , 2014
K.MOHAMMED ALI , PRESIDENT
R.K.MADANAVALLY , MEMBER MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A5
Ext.A1 : Out pationet ticket issued by M.A.M. Hospital, Kanjirapally
Ext.A2 : Cash Bill issued by opposite party for an amount of Rs. 68/-
Ext A3 : Cash Bill issued by opposite party for an amount of Rs. 78/-
Ext A4 : Medical Certificate
Ext A5 : Hotel Bill issued by Hotel City Veg. Changuvetty Kottakkal
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext. B1 and B2
Ext.B1 : Registration certificate issued by Food Safety And Standards Authority of India
Ext.B2 : Panchayat License issued by Chelambra Grama Panchayat
Sd/-
K.MOHAMMED ALI , PRESIDENT
Sd/-
R.K.MADANAVALLY , MEMBER
Sd/-
MINI MATHEW, MEMBER
