Delhi

North East

CC/131/2023

Mr. Surakshit - Complainant(s)

Versus

Haldiram Ethnic Foods Pvt. Ltd. - Opp.Party(s)

11 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 131/23

 

 

In the matter of:

 

	Sh. Surakshit Office at:- Seat No. 40, Bar Room No.2, Civil Wing, Tis Hazari Courts Delhi 110054	Complainant
	Versus
	Haldiram Ethnic Foods Pvt. Ltd. Haldiram, Dilshad Garden, G 3, Main Dilshad Garden, Metro Station DMRC New Delhi-110095   Also at:- Head Office: Plot No. 145/146, Haldiram House, Bhandara Road Chowk, Old Pardi Naka, Surya Nagar, Nagpur, Maharashtra 440035	Opposite Party

 

DATE OF INSTITUTION:     JUDGMENT RESERVED ON:         DATE OF ORDER:

12.05.23 05.06.24 11.09.24

 

CORAM:

Surinder Kumar Sharma, President

Ms. Adarsh Nain, Member

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The facts of the caseas revealed from the record are that on 21.01.23 Complainant along with his two friends visited the Haldiram outlet, G 3 Main Dilshad Garden, Metro Station DMRC New Delhi to enjoy delicious food. He ordered 2 plates of Panipuri, 1 plate of French Fries, 1 plate live masala tea & 1 plate of rawa masala dosa. However after taking a few bites from rawa masala dosa the Complainant found some suspicious object in it, they picked it up and showed it their friends that the object appeared to be an Insect/bug/gnat. Despite raising the issue of the insect/bug/gnat in their food with the Haldiram staff/employees/management, they did not receive any positive response. The food served at Haldiram outlet caused mental and physical distress, which prevented the Complainant and their friends from eating properly for several days. The Complainant stated that the food served at Haldiram outlet caused the Complainant to experience nasal problem or allergies, which have continued to worsen since that night. The Complainant has also experienced stomach shooting pain, which has also been increasing day by day, despite taking proper medicines as per medicine prescription of different dates of consultation of doctors. Complainant has also sent email to Haldiram and to Commissioner of Food Department, Delhi via email ID (as mentioned at official website) on 23.01.23 but all in vain. The Complainant had also sent legal notice to Opposite Party dated 02.02.23. A request letter was sent via speed post and email to provide cctv footage dated 21.01.23 but of no use. The Complainant had also filed similar complaint before District Consumer Redressal Forum East district which was return on ground of territorial jurisdiction vide order dated02.05.23. Hence, this shows deficiency in service on behalf of Opposite Party. The Complainant has prayed for Rs. 50,00,000/- for mental harassment and for litigation expenses.  The Complainant has also prayed that the Opposite Party is directed not to alter or delete the cctv footage dated 21.01.23 of time 8.15 to 9.30.
2. None has appeared on behalf of Opposite Party to contest the case despite service of notice. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 17.08.23.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments and Conclusion

4. We have heard the Ld. Counsel for the Complainant. We have also perused the file and the written arguments filed by the Complainant. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. From the unrebutted affidavit of the Complainant filed in evidence it is establish that the Complainant had visited the outlet of the Opposite Party at Dilshad Garden on 21.01.23 and there he had ordered some food/eatables. While they were taking the food some insect was found in the rawa masala dosa. The case of the Complainant as supported in his affidavit also shows that the Complainant after consuming the said food had developed some health problems and in this regard he has filed prescriptions/medical record. This all shows deficiency in service on the part of Opposite Party. The Complainant has issued a legal notice to the Opposite Party and the same was also not replied by the Opposite Party.
5. In view of the above, the complaint is allowed. The Opposite Party is directed to pay an amount of Rs. 75,000/- to the Complainant with interest @ 9 % p.a. from the date of filing the complaint till recovery. The Opposite Party shall also pay an amount of Rs. 25,000/- to the Complainant for mental harassment and litigation expenses with interest @ 9 % p.a. from the date of this order till recovery. 
6. Order announced on 11.09.24.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

 

(Adarsh Nain)           Member

(Surinder Kumar Sharma) President