INTHE PRESIDENT, DISTRICT CONSUMERS DISPUTE REDRESSAL FORUM, SAMBALPUR

C.C. No.20 of 2017

Sumit Kumar Sahita

At/po- Chudapali

Dist-Balangir

Pin-767024

Odisha                                                        ……………… Petitioner

-VERSUS –

1. Hotel KC Palace

NH: 6, Ainthapali,

2. Food Inspector
3.  

For Complainant                 : None

For O.P.s No.1                      : Advocate Sri. S. Dash and B. Banerjee.

PRESENT:-  SHRI A.P. MUND, PRESIDENT

SMT. S. TRIPATHY, MEMBER

SHRI K.D. DASH, MEMBER

                                          Date of Order: 10/04/2018

  SHRI A.P. MUND, PRESIDENT

1. That, on 4^th February 2007, the complainant had gone to Hotel KC Palace, Appetite Restaurant for lunch at around 1:30 PM. The complainant had ordered a veg. meal including a cup of curd. After having cup of curd to his utmost surprise, the complainant found a poisonous insect inside the curd. Immediately the complainant had called waiter and complaint about the same. But after not getting the satisfactory explanation the complainant  called the Manager to inform about this incident.
2. Unfortunately the response of the Manager and staff was very unpleasant. Even through the complainant had told that he had already consumed some amount of curd which seemed to be affected by the poisonous insect. And that the complainant is supposed to need some medical attention but the O.P.No.1 tried to settle down the incident in a very casual approach. The staff O.P. No.1 tried to took the curd away while the complainant was trying to take a snap in his mobile phone. When the complainant asked for the bill the O.P.No.1 shown their resistance but the complainant forced the O.P. No.1 to give the bill as it was the legal right of the complainant.
3. As expected the health condition of the complainant deteriorated the complainant tried gradually after reaching his village. The complainant felt very uneasy and pain in the stomach. The complainant even vomited several times and was not in a position to stand properly. Then the family member’s took the complainant to a doctor and after careful examination the doctor told the complainant that it was the side effect of food poisoning and incase of any delay would have lead to death also. Accordingly the doctor had prescribed medicine and as per the doctor’s advice, the complainant bought the medicines and was advised bed rest for at least 15 days. Which affected the complainant job as the complainant could not resume his duty for 15 days which incurred a loss of Rs. 40,000/- the complainant was in mental agony, got harassed and was misbehaved in the restaurant.

On the basis of the above the complainant prayed that;-

            That such type of gross negligence especially in food sector should not be accepted which may also leads to a fatality. This incident not only gave the complainant a financial loss but also resulted in mental stress, The complainant prayed to be compensate with a sum of Rs. 1,00,000/-(1Lac) only.

Documents filed by Complainant:-

1. Food bill (Xerox).
2. Photographs
3. Medical prescription (Xerox)
4. Medical Bill (Xerox)

O.P. No.1 begs to file its show cause as follows:-

1. O.P. no. 1 admitted that on 4^th February 2017, the petitioner had visited the restaurant.
2. According to the O.P. No.1; one Sumit Kumar Sahita, the petitioner had visited the restaurant with his wife on Dt. 04/02/2017. They both ordered a veg. meal and a plate of curd. When the food was served, the petitioner and his wife divided the meal including the curd in between them and started consuming it. It is the wife of the petitioner who noticed the so called poisonous insect inside the Curd after taking one spoon of Curd and after noticing the so called poisonous insect, the wife of the petitioner stopped consuming the Curd at the very moment. After that the petitioner complained to the manager and waiter responded and with due respect, acknowledged the very fact.
3. According to the O.P. No.1; when the curd was served in the bowl inside the kitchen, there was no insect in it, it might have happened that, when the curd was being taken along with the meal from the kitchen to the dining room, in between, that particular short period the insect might have dropped in the curd. So called poisonous insect was, infect not a poisonous insect, but it was a non poisonous one. It was a “khera Poka”, which is in general a non-poisonous insect.
4. That according to the O.P. No. 1, it is crystal clear from the report furnished by the food inspector after inspection of the Hotel and Restaurant that, utmost hygiene is being maintained by the O.P. No. 1, while preparing the food.

O.P. No.2 begs to file its show cause as follows:-

1. The O.P. No.2 is totally unaware of the incidence that happened in his jurisdiction area prior to the receipt of the show cause notice from the honorable forum. No one has been informed or complained before the undersigned regarding the incidence neither the petitioner nor the O.P. NO.1
2. After the receipt of the notice from the Hon’ble Forum, the O.P. No.2 have made an enquiry, and had inspected the Hotel K C Palace, situated at Ainthapali, Sambalpur on dated 08/03/2017. O.P. no. 2 inspected the sanitation and hygienic condition of the premises, kitchen, raw material storage area, prepared food storage area and serving area of the Restaurant. The hygienic condition of the restaurant was found satisfactory; however strict instruction has been given to the staff as well as to the Owner of the Restaurant to maintain hygienic and sanitary condition inside the restaurant as well as outside the surrounding of the Restaurant.

No documents has been filed by the O.P. No.1 & 2.

4.         Complainant conducted his argument on dt. 13/09/2017 and filed written argument. He admitted that he was accompanied by his female friend. The complainant went to the O.P’s restaurant. Both consumed curd. Both founded the insect the complainant’s female friend only vomited once but the complainant had consumed a major portion of the curd. Hence the complainant was seriously ill. The complainant took a photograph with the insect and produced it before the Forum. The complainant has filed a medical prescription on the same date of incident. The complainant has also filed a cash memo of purchase of medicine wroth Rs. 1376/-. Overall the complainant has supported his case well and produced documentary evidence. The complainant prayed for stringent punishment to the O.P’s for rendering deficient service and misbehavior shown by the staff of the restaurant.

5.         O.P. No.1 & 2 did not participate in the argument. They remained absent after filling their respective version. O.P. No.1 has admitted the case of the complainant. O.P’s only defence is that the curd was only consumed by the female and not by the complainant himself and had no locus standii to file this case. Besides the O.P. No.1 is banking on clean cheat given by the O.P. No.2 in its version.

                        According to us this is a fallacious argument which has no basis.

6.         The O.P. No.1 is not advancing any theory, by giving any expert evidence regarding the dead insect not being poisonous. Rather it has admitted the presence of the insect inside the curd. O.P. No.1 has not refuted the story of medical examination and the purchase of medicine and subsequent illness of the complainant. Hence we take it as an admission by the O.P. No.1 towards the allegation made by the complainant.

7.         The O.P. No.2 filed a evasive reply and according to us, he has not at all applied his mind to the complaint of finding of dead insect on date of occurrence. He should have at least enquired into the allegation by examining the staff as to how the dead insect  was inside the curd.

8.         Instead of ascertaining the reason of contamination he has given a clean cheat to the O.P. No.1. This is not a sign of a responsible officer who is to look after the maintenance of hygienic standard of the restaurant in Sambalpur area.

9.         As the deficiency has been admitted by O.P. No.1, only thing remains is regarding granting of compensation to the complainant who has suffered terminal illness after consuming the curd. He has also undergone long illness and suffered mental agony. We feel that sum of rupees 10000/- will ameliorate his suffering due to the deficiency rendered by the O.P. No.1.

Hence it is order that:-  

            O.P. No.1 is to pay a sum of rupees 10,000/- to the complainant within a month of passing of this order. Unless it is paid within a month from the date of order, the above amount will carry and interest 12% of the above sum from the date till payment.

                                                                                                                                                Sd/- 

                                                                                                                                 SHRI A.P.MUND

                        Sd/-                                                                                                 PRESIDENT.

SMT S.TRIPATHY. Member I agree.

                        Sd/-                                                                                                            Sd/-          

   SHRI K.D.DASH.  Member    I agree.                                                     Dictated and corrected by me.

                                                                                                                                PRESIDENT