Order dictated by:

Sh.Anoop Sharma, Presiding Member

1.       Sh.Randhir Sharma has brought the instant complaint under section 11 & 12 of the Consumer Protection Act, 1986 on the allegations that on 1.10.2016 the complainant alone went to Opposite Party  Restaurant and gave an order for one large Veg.Pizza for its packing for consumption at his house with family for the price of Rs.318/- which was duly paid by him to the Opposite Party against bill No. 28646 dated 1.10.2016, but however, the Opposite Party  issued this bill for the consumption of Pizza at the table in the restaurant, whereas the complainant had placed the order for packing it as he had to take it to the house and it was brought to their notice that he has to consume the same at his house alongwith his family members and not to consume it at the table in the restaurant. The complainant requested them to issue proper bill in this regard, but the Opposite Party  did not accede to such request of the complainant. On the delivery of Pizza by the staff of the Opposite Party, it was found that it was packed unhygenically in a very small size ordinary polythene bag which was not even capable of carrying it in the hands. This was objected by the complainant to the staff of the Opposite Party  and in turn, they taunted ‘tusi kehra tangna hai’  and take it like this.  When the complainant asked the staff of the Opposite Party  to pack the same properly in a proper manner, they specifically told that they have no arrangement for the same. On this, whole of the staff of the Opposite Party  gathered on the spot and fearing unhealthy atmosphere on the spot, the complainant left the spot without taking the delivery of the pizza and left the same at the counter. There is CCTV footage in this regard which may be directed to be produced by the Opposite Party  before this forum. The complainant came out of the restaurant in the parking towards his vehicle, then an employee of the Opposite Party  came to the complainant with the pizza packed in a black colour unhygienic polythene bag handling it vertically  and the complainant noticed that such polythene bags are used for keeping the waste in it in which the eatable item i.e. pizza was tried by the Opposite Party  to be delivered to the complainant that too not properly packed, but the complainant did not take delivery of the same and left the spot and the employee of the Opposite Party  take it back to their premises. The aforesaid act of the Opposite Party  amounts to a great negligence, carelessness, deficiency in service, unfair trade practice on the part of the Opposite Party  and even the complainant was misbehaved, taunted/ remarked and insulted at the hands of the staff of the Opposite Party. Vide instant complaint, the complainant has sought the following reliefs.

a)       To refund the amount of Rs.318/- paid to the Opposite Party  for Pizza.

b)      To pay the compensation of Rs.5000/- for suffering mental pain, agony, harassment to the complainant.  

c)       To pay Rs.5000/- as costs of litigation and

d)      Besides any other relief to which the complainant is found entitled to under law and equity. 

Hence, this complaint.

2.       Upon notice, Opposite Party  appeared and contested the complaint by filing  written statement taking preliminary objections therein inter alia that  the present complaint is nothing but an abuse of the process of law and it is fled by the complainant just to harass, humiliate, pressurise and blackmail the Opposite Party; that the complaint is not maintainable and the complainant has not come to this Forum with clean hands. On merits, it is averred that  the complainant visited the Opposite Party  restaurant and placed an order for one veg. pizza for its packing. It is denied that the pizza was packed unhygenically in a very small size ordinary polythene bag which was not even capable of carrying it in the hands, rather it was packed properly and safely by the staff of the Opposite Party. The complainant for the reasons best known to him, did not take delivery of the said packed pizza and left the same at the counter with the threats to teach  a lesson to the Opposite Party . As such, he is guilty of his own wrongs acts, conduct.    Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint with cost was made.

3.       In his bid  to prove the case, complainant tendered into evidence  affidavit Ex.C-1 in support of the allegations made in the complaint and also produced copy of bill Ex.C2   and closed his evidence.

4.       On the other hand, to rebut the evidence of the complainant, the Opposite Party tendered into evidence the affidavit of Sh.Manu Jain, partner of Café Connect Ex.OP1 and closed the evidence on behalf of the Opposite Party.

5.       We have heard the ld.counsel for the parties and have carefully gone through the evidence on record.

6.       Ld.counsel for the complainant has reiterated the facts as narrated in the complaint and argued that on 1.10.2016 the complainant alone went to Opposite Party  Restaurant and gave an order for one large Veg.Pizza for its packing for consumption at his house with family for the price of Rs.318/- which was duly paid by him to the Opposite Party against bill No. 28646 dated 1.10.2016, but however, the Opposite Party  issued this bill for the consumption of Pizza at the table in the restaurant, whereas the complainant had placed the order for packing it as he had to take it to the house and it was brought to their notice that he has to consume the same at his house alongwith his family members and not to consume it at the table in the restaurant. The complainant requested them to issue proper bill in this regard, but the Opposite Party  did not accede to such request of the complainant. On the delivery of Pizza by the staff of the Opposite Party, it was found that it was packed unhygenically in a very small size ordinary polythene bag which was not even capable of carrying it in the hands. This was objected by the complainant to the staff of the Opposite Party  and in turn, they taunted ‘tusi kehra tangna hai’  and take it like this.  When the complainant asked the staff of the Opposite Party  to pack the same properly in a proper manner, they specifically told that they have no arrangement for the same. On this, whole of the staff of the Opposite Party  gathered on the spot and fearing unhealthy atmosphere on the spot, the complainant left the spot without taking the delivery of the pizza and left the same at the counter. There is CCTV footage in this regard which may be directed to be produced by the Opposite Party  before this forum. The complainant came out of the restaurant in the parking towards his vehicle, then an employee of the Opposite Party  came to the complainant with the pizza packed in a black colour unhygienic polythene bag handling it vertically  and the complainant noticed that such polythene bags are used for keeping the waste in it in which the eatable item i.e. pizza was tried by the Opposite Party  to be delivered to the complainant that too not properly packed, but the complainant did not take delivery of the same and left the spot and the employee of the Opposite Party  take it back to their premises. The aforesaid act of the Opposite Party  amounts to a great negligence, carelessness, deficiency in service, unfair trade practice on the part of the Opposite Party  and even the complainant was misbehaved, taunted/ remarked and insulted at the hands of the staff of the Opposite Party.

7.       On the other hand, ld.counsel for the Opposite Party  has repelled the aforesaid contentions of the ld.counsel for the complainant on the ground that the present complaint is nothing but an abuse of the process of law and it is fled by the complainant just to harass, humiliate, pressurise and blackmail the Opposite Party; that the complaint is not maintainable and the complainant has not come to this Forum with clean hands. On merits, it is averred that  the complainant visited the Opposite Party  restaurant and placed an order for one veg. pizza for its packing. It is denied that the pizza was packed unhygenically in a very small size ordinary polythene bag which was not even capable of carrying it in the hands, rather it was packed properly and safely by the staff of the Opposite Party. The complainant for the reasons best known to him, did not take delivery of the said packed pizza and left the same at the counter with the threats to teach  a lesson to the Opposite Party . As such, he is guilty of his own wrongs acts, conduct.

8.       It is not the denial of the facts that on 1.10.2016 the complainant alone went to Opposite Party  Restaurant and gave an order for one large Veg.Pizza for its packing for consumption at his house with family for the price of Rs.318/- which was duly paid by him to the Opposite Party against bill No. 28646 dated 1.10.2016, copy of bill accounts for Ex.C2. It is also not denied by the Opposite Party  that complainant has left the pizza packet at the counter of the Opposite Party  when he was not satisfied with the packing of the pizza in question. On the other hand, Opposite Party  has denied all the facts narrated by the complainant in his complaint, but however, the Opposite Party  has failed to produce any evidence or to controvert the allegations made by the complainant in his complaint by filing some affidavit of the concerned staff member of the Opposite Party restaurant who allegedly made arguments with the complainant at that time and what was the actual arguments between the complainant and the concerned staff member of the Opposite Party and what was the reason that the complainant was compelled to leave the said packet of pizza at the counter of the Opposite Party  after making the amount of Rs.318/-. It is not denial of the fact that the complainant is an advocate and highly qualified person and if there was no fault on the part of the Opposite Party, why the complainant was compelled to file the present complaint after spending huge amount and after hiring another advocate. The case of the complainant is that the Opposite Party  has packed the pizza in question in a  black colour unhygienic polythene bag handling it vertically  and the complainant noticed that such polythene bags are used for keeping the waste in it in which the eatable item i.e. pizza was tried by the Opposite Party  to be delivered to the complainant that too not properly packed, but the complainant did not take delivery of the same and left the spot and the employee of the Opposite Party  take it back to their premises. But for the sake of arguments, if it is admitted for the time being that the complainant is telling lie, why the Opposite Party  has failed to mention in which wrapper they have packed the said pizza which was very hygienic for a human being.  So, in the absence of some cogent and convincing evidence on the part of the Opposite Party , and  keeping in view all the facts and circumstances of the case,  we are of the considered view that the Opposite Party  has failed to give proper service to the complainant inspite of charging the hefty amount of Rs.318/- for the purchase of pizza in question. In such a situation, we found that there is certainly a deficiency in service nd unfair trade practice on the part of the Opposite Party qua the complainant.

9.       Keeping in view of the above said facts and circumstances, we direct the Opposite Party  to refund the amount of Rs.318/- charged by them from the complainant vide bill dated 1.10.2016. Opposite Party  is also directed to pay Rs.5000/- to the complainant on account of compensation besides Rs.3000/- as costs of litigation. Compliance of this order be made within 30 days from the receipt of copy of the order; failing which, awarded amount shall carry interest @ 6% p.a from the date of passing of order until full and final recovery. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Announced in Open Forum

Dated: 16.05.2017