Rajasthan

StateCommission

CC/51/2018

Dr. Sunil s/o Bane Singh - Complainant(s)

Versus

Coffee Day Enterprises Private Limited - Opp.Party(s)

Sunil Kumar Singh

30 Apr 2018

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

COMPLAINT CASE NO: 51/2018

 

Dr.Sunil s/o Sh.Bane Singh r/o J-006 Mahima Panorma, opp.SRN International School, Jagatpura,Jaipur.

Vs.

Coffee Day Enterprises Pvt.Ltd. through Mr.V.G.Siddhartha, Chairman & Managing Director, Corporate office at Coffee Day Square, 23/2 Vittal Mallya Road, Bangalore & ors.

 

Date of Order 30.4.2018

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

 

Mr. Sunil Kumar Singh counsel for the complainant

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This original complaint has been filed on 19.4.2018

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with the contention that complainant visited the outlet of non-applicant no.1 situated at Gaurav Tower, Malviya Nagar on 14.2.2018 and ordered for cold coffee and sizzling browny with ice-cream. Non-applicant no.2 served the dish which was having sharp foreign body. It injured the mouth of the complainant. Legal notice was also served. The complainant is a practicing doctor. He suffered lot of pain and it is unfair trade practice and deficiency in service that food was served without taking care of safety and standards of food and compensation of Rs. 60 lakhs for mental pain,agony, Rs. 30 lakhs for loss of reputation and Rs.10 lakhs for litigation expenses were claimed.

 

Heard the counsel for the complainant and perused the record of the case.

 

The only contention of the complainant is that sharp foreign body was found in the dish served by non-applicant no.2 and it injured the mouth of the complainant. No injury report or prescription of the doctor is submitted. Even no purchase voucher of the dish is submitted but the affidavit of the complainant states that he has ordered the dish and also

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suffers injury as sharp foreign body was found in the dish and for the same Rs. 60 lakhs are demanded for mental pain and agony but nothing has been pleaded about the fact that how the complainant could suffer mental pain to the tune of Rs. 60 lakhs. Further the simple facts of the case are that the complainant suffered injury due to foreign body in the foodstuff but complainant is asking Rs. 30 lakhs for the loss of reputation which is unimaginable and nothing could be explained or pleaded that by getting dish with foreign body how the reputation of the complainant was affected and further more Rs. 10 lakhs are being asked for litigation expenses. Even the complainant has not disclosed the cost of the dish he ordered. It may be noted that this is not the pleading in the complaint that he buys the goods for a consideration. This is the glaring case of inflated claim just to seek the jurisdiction of the Commission and reliance could rightly be placed on IV (2014) CPJ 111 (NC) Sushil Gupta Vs. Master Vintage International where the National Commission has held as under:

 

“Thus, in our considered view, the Consumer Fora at various level are required to guard against the inflated claims with mala fide intentions to defeat the hierarchy

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of the Fora concerned. In the instant case, the amount allegedly spent by the complainant is only rupees eighteen lakh plus but he has added disproportionate demand of compensation of Rs.2,88,55,000/- approximately as compensation to bring this case with the jurisdiction of the National Commission. The above act of the complainant obviously is mala fide with a view to defeat the scheme of the Act. Thus, the complaint is liable to be dismissed on the ground that this Commission does not have pecuniary jurisdiction.”

 

 

In view of the above the complaint is not maintainable here. It is highly inflated claim and complaint is returned to the complainant with the direction to file it before the appropriate Forum .

(Nisha Gupta) President

nm