Karnataka

Bangalore 4th Additional

CC/15/1126

Tapo Vijay Kar - Complainant(s)

Versus

District Manager, Dominos Pizza Outlet Shop and Others - Opp.Party(s)

In Person

13 Aug 2018

ORDER

Complaint filed on: 12.06.2015

                                                      Disposed on: 13.08.2018

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027        

CC.No.1126/2015

DATED THIS THE 13^th AUGUST OF 2018

PRESENT

SRI.S.L.PATIL, PRESIDENT

SMT.N.R.ROOPA, MEMBER

PRESIDENT: SRI.S.L.PATIL

1.       The Complainant has filed this complaint as against the Opposite Parties directing to pay Rs.80,000/-.

2.       The brief facts of the case of the complainant are that the Complainant was travelling with his family-among which is a kid of 4 years, his aged parents of 65 and 70 years plus age on 25.5.2015 and entered Dominos Outlet at 11.00 p.m. at Opp. Meenaskhi Mall, Off Bannnerghatta Road outlet. The Complainant approached the order taker Bhasker and he took his order-Order No.178. Invoice NO.DP166298/15-16/13001 worth Rs.1348/-. He tried swiping his debit card for payment. After much trail, he said that the card machine is not working and the he need to pay by cash. The Complainant inquired as when the basic billing facility for a customer is not working, for which he got a very careless look and smile. He didn’t have enough cash so he asked them to serve the food while he went outside traveled to the nearest working ATM at about 2 KM distance and fetched the money and paid him. All for his love for the family to feed them and desire to have a good experience. He trusted safety and service to be offered to his family by Dominos. The Complainant submits that the order was served at 11.20 pm and while they all started enjoying the meal, suddenly the lights went off. He called the staff and got a robotic answer that it is “Automatic Switch Off”. This is when he went to speak to the shift in-charge Shashi, a much rude and careless boy, who does not have any fear of any consequences and ignorant of any level of guest discomfort and inconvenience.  Shashi, with his arrogant look told that he is not responsible for the electricity cut-off. When asked why he didn’t inform the him right at the onset of order taking that at 11.30 p.m., electricity would go off, so that he could have decided for a take away, he said it is not his problem. By this time, the kid started crying and the entire family including the elders become uncomfortable as there were no AC and no light. He tried telling the staff that for the time being let them finishes the meal and go, but it seems that all went in deaf ear. He asked Shashi to connect him to the district manager and to his surprise and rude shock, he said that as a company policy seniors cannot approached after 11.00 p.m. whatsoever is the scenario. He was rude and arrogant. He left from the place with the suffering of the family. Whatever he has mentioned can be verified if the CCTV of the store footage is checked. He has the relevant bills and his family to testify the witness. The Complainant strongly condemned the treatment he received in their store, especially to his family with kid and aged parents and wants action to be taken for all errant and rude staffs of the store and change this system of power saving in their store, which compromise the basic comfort-ability of the customer. Mailer communication were marked to th, 28^th and 29^th May 2015, hoping a resolution of the complaint and action to be taken on the concerned staff and supervisors and compensate for the physical harassment and mental trauma caused to the family specially the kid of 4 years and a senior citizen couple. All mails are marked to Mr.Ajay Kaul at his id

          3.       The notice was ordered to the Opposite Parties. The Opposite Parties did appear and filed their version and denying the contents of the complaint filed by the Complainant.  The Opposite Parties submits that the complaint is not maintainable either on law or in facts. There are absolutely no bonafides in the said complaint and the complaint has suppressed the true and material facts and for this ground alone, the instant complaint deserves to be dismissed. The complaint under objections is just an attempt to use the law of illegal purposes. The allegations made in the complaint are quite defamatory in nature exposing personal vendetta over Opposite Parties for no fault of them. There is absolutely no scope to entertain the said complaint in the manner that is placed. The complaint is false, vague and does not, at any rate, make out a case for the complaint. It is quite strange rather unusual that the actual facts have been twisted cleverly by the Complainant just to cause harassment and mental torture to OPs. The OPs submits that the Complainant along with his family members entered dominos outlet at Opp. To Meenakshi Mall, Bannerghatta Road is true but they entered at 10.50 p.m. The further averments to the effect order placed and taken along with invoice worth about Rs.1348/- is true. The swiping machine was not working and the Complainant got to pay in cash is true. The Complainant got careless look on enquiry is false, infact the employee expressed his helplessness since the swiping machine was not working for the reasons beyond his control. The Complainant got to go out to bring money from ATM may be true. The food was served at 11.20 p.m is not correct and infact the food was served at 11.00 p.m., itself. Suddenly the lights went off and on enquiry the staff gave a robotic answer that it is automatic switch off is again distortion of true and material facts. Since there is a statutory guidelines to the effect that the restaurants should not be open after 11.00 p.m. there is an automatic cut functions in the unit for which the OPs cannot be held liable. The shift in-charge Shashi a much rude and careless and does not have any fear of any consequence and ignorant of any level of guest discomfort and inconvenience is utter falsehood, baseless. The said Shashi tried his level best to console the Complainant but the Complainant who was in anger did not incline to hear his words. Moreover, the said Shashi by explaining the auto switch off also told that he would shift the table to the place which was having a better lighting facility but however the Complainant and his family who were finished their meal refused the said offer. The Complainant asked Shashi to connect him to the District Manager and Shashi answered that as per Company policy seniors cannot be approached after 11.00 p.m. is again a distortion of true and material facts. There was no occasion for the Complainant to condemn the treatment which he and his family received in the store since the staff were never rude but so polite in their explanation. The further averment to the effect that the Complainant sent certain mails hoping action will be taken on the concerned staff and supervisors and compensate for the physical harassment and mental trauma caused to his family and a response few officials offered apology and but there was no intention to resolve the issue, would itself speaks about the intention of the Complainant.  The OPs on coming into know about the mails of the Complainant sincerely called the Complainant and explained the circumstances and also offered apology though they were not at fault but the Complainant instead of considering the same filed this Complainant by making a baseless, fanciful claim just to enrich himself unjustly. It is once again made clear that the Complainant never put to any physical and mental harassment by the OPs and infact, it Complainant who has filed the instant complaint with an intention to harass the OPs by making a baseless claim. The compensation amount claimed in a sum of Rs.80,000/- is baseless, fanciful and the OPs are not at all liable to pay the same since the OPs never harassed the Complainant either mentally or physically. The OPs submit that the OPs Company being a reputed company is having a several branches across the country. The OPs are running the Company since decades to best of their capacity and to the quite satisfaction of its customers. The instant complaint is nothing but an ingenious attempt to tarnish the image of the Opposite Party Company with an intention to make unjust money. The OPs never ever subjected any customer much less the Complainant to any kind of harassment. The instant complaint is falsely motivated, misconceived and does not any merit and hence deserves dismissal. The Complainant has suppressed the true and material facts and the complaint has got no merits and it is liable to be dismissed with exemplary costs. On these grounds and other grounds prays for dismissal of the complaint.       

4. The Complainant to substantiate his case, filed his affidavit evidence and got marked as Ex-A1 to A3 and A4 to A33. The Complainant has filed their written arguments. Heard.                                                                                                                                                                                                                                                                                                                                                                                              

5. The points that arise for our consideration are:

1) Whether the Complainant proves the deficiency in service on

              the part of the OPs, if so, whether he is entitled for the relief

              sought for?

          2) What Order?

6.  Our answers to the above points are as under:

Point No.1: Partly in the affirmative

Point No.2: As per the final order for the following

REASONS

7. POINT NO.1 :   We have briefly stated the contents of the complaint as well as the version of the Opposite Parties. The undisputed facts which reveals from the pleadings of the parties goes to show that the Complainant and his family members had been to the Opposite Parties Domino’s Pizza Outlet (hereinafter referred as Domino’s Pizza) on 25.5.2015. It is also not in dispute that the averment made in Para-2 of the complaint. According to the case of the Complainant, on the said day, he has entered the Domino’s Pizza at about 11.00 p.m., but the Opposite Parties stated that the Complainant has entered with his family members in the said Domino’s Pizza at 10.50 p.m. The Opposite Party further admits that the Complainant has placed the order and taken along with invoice worth about Rs.1348/-. The Opposite Party also admits that the swiping machine was not working and the Complainant got to pay in cash is true. Further admits that the Complainant got to go out to bring money from ATM, but carelessness took by the Opposite Party is denied.  The Opposite Party has denied that the food was served at 11.20 p.m., but it was served at 11.00 p.m. Further, the Opposite Party admits that suddenly the lights went off and on enquiry the staff gave a robotic answer that it is automatic switch off is again distortion of true and material facts. Since there is a statutory guideline to the effect that the restaurants should not be open after 11.00 p.m., If there is a guidelines that the restaurants should not be open after 11.00 p.m. then why the Opposite Party has accepted the order of the Complainant and served it at 11.00 p.m. If these statutory guidelines would have been appraised to the Complainant, he would not have placed the order and come out from the hotel and find out some other hotels. With regard to the alleged act of the Opposite Parties concerned, the Opposite Party in Para-7 of its version specifically stated that few officials offered apology to the Complainant and his family members. Even after the receipt of the e-mail offered the apology to the Complainant, but this fact has been denied by the Complainant. When the Opposite Party admits in respect of switch off the lights at 11.00 p.m. that itself is negligence on its part and also the deficiency of service to meet out the comfortless of the Complainant. Under such circumstances, this Forum has no other go except to consider the claim of the Complainant for the mental harassment, agony of his family including 4 year kid to made suffer under this head, if an amount of Rs.2,000/- is awarded, we hope ends of justice would meet sufficiently. With regard to the physical harassment of senior citizen couple for not having proper food after paying it Rs.30,000/-, we hope that the said claim is not reasonable since we have already awarded an amount of Rs.2,000/- being compensation. We are also of the opinion to fix Rs.1,000/- being cost of litigation.     Accordingly, this point is answered partly in the affirmative.

8.       POINT NO.2: In the result, we pass the following:

ORDER

The complaint filed by the Complainant is allowed in part. The Opposite Parties are directed to pay an amount of Rs.2,000/- being compensation with Rs.1,000/- being cost of litigation to the Complainant.

The Opposite Parties are directed to comply this order within 6 weeks from the receipt of this Order. Failing which, the Complainant is at liberty to take proper steps as per law.

Supply free copy of this order to both the parties.

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the open Forum on 13^th August 2018).

1. Witness examined on behalf of the complainant/s by way of affidavit:

Tapo Vijay Kar, who being the complainant was examined. 

Copies of Documents produced on behalf of Complainant/s: