Date of filing: 28.02.2014.
Date of disposal: 19.05.2014.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:
VIJAYAWADA, KRISHNA DISTRICT
Present: Sri A. M. L. Narasimha Rao, B.Sc., B. L., President
Smt N. Tripura Sundari, B. Com., B. L., Member
Monday, the 19th day of May, 2014
C.C.No.54 of 2014
Between:
Devaram Srihari, S/o D. Sambasiva Rao, Aged about 40, R/o 3rd lane End, Gowthami Nagar, Krishna Lanka, Vijayawada – 13.
….. Complainant
And
Hotel Sri Durga, Rep: by its Proprietor, Governorpet, Kaleswara Rao Road (Ram Mandiram Street, Beside Swarna Lok Complex, Vijayawada – 520 002.
. … Opposite Party.
This complaint coming on before the Forum for final hearing on 13.5.2014, in the presence of complainant as inperson; opposite party remained absent and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble President Sri A. M. L. Narasimha Rao,)
1. This complaint is filed under Section 12 of Consumer protection Act, 1986 for a direction to the opposite party to return Rs.80/- cost of food parcel, to pay Rs.50,000/- as compensation and to pay costs.
2. The averments of the complaint in brief are as follows:
The complainant had placed an order with the opposite party for vegetarian meal parcel on 11.12.2013 at about 8.30 pm. The complainant visited the opposite party hotel and took parcel of vegetarian meal for himself and for his mother and paid a sum of Rs.80/- the cost of meals parcel. The opposite party did not issue bill. At 9.45 pm on that day complainant’s mother opened the parcel. They took food. Soon thereafter the complainant’s mother had vomiting. The top layer of the rice parcel was hot but the remaining rice was watery and emitting bad smell. As the food inspector was not available the complainant could not make a complaint. The complainant initially dialed to 100 and on their suggestion he went to Governorpet Police Station and made a complaint at about 10.30 PM on 11.12.2013. The police issued a receipt but the police did not take any action. The police did not even collect food sample for analysis. Due to consumption of contaminated food the complainant suffered diarrhea on the next day i.e., on 12.12.2013. There is deficiency in rendering service on the part of the opposite party. Therefore the present complaint is filed.
3. The opposite party received notice and he made appearance through advocate but the opposite party did not file version and did not make any representation though more than one month was given after service of notice. Thereafter the complainant filed his affidavit as deposition and he marked receipt Ex.A1 issued by SHO, Governorpet PS for the complaint received from the complainant on 11.12.2013.
4. Heard the learned counsel for the complainant.
5. The complainant had stated in his affidavit about the supply of spoilt food by the opposite party and the complainant and his mother suffering ill-health after consuming the spoilt food. The averments made in the complaint and the affidavit of the PW.1 remained un-assailed. The complainant has also stated that the opposite party did not issue bill for purchase of parcel. Since the statements of the complainant has remained unchallenged he proved the factum of purchasing food from the opposite party and food found to be spoiled and consequences after consuming such food. These facts are corroborated by the receipt issued by police for the complaint made in the same night on 11.12.2013. Therefore we accept the statement of the complainant and we hold that the opposite party had sold spoiled food to the complainant and thereby failed to render proper service. Therefore the deficiency in service is established.
6. Since there is sale of spoiled food and as there is deficiency in service, the complainant is entitled to refund of the cost of the food parcel and also compensation. We feel payment of Rs.5,000/- as compensation would meet the ends of justice. No need to further grant costs.
7. In the result this complaint is allowed and the opposite party is directed to refund the amount of Rs.80/- cost of parcel food and to pay Rs.5,000/- (Rupees five thousand only) as compensation to the complainant. The amounts awarded shall be paid within one month from the date of this order failing which the amount of Rs.5,080/- shall carry interest @9% p.a., from 19.6.2014 till realization. The complaint for rest of the reliefs is dismissed.
Dictated to steno, N. Hazarathaiah, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 19th day of May, 2014.
PRESIDENT MEMBER
Appendix of evidence
Witnesses examined
For the complainant: For the opposite party:
Devaram Srihari (by affidavit) -None-
Documents marked
On behalf of the complainant:
Ex.A1 11.12.2013 Copy of police complaint receipt.
On behalf of the opposite party: -Nil-
PRESIDENT
