Ld. Advocate(s)
For Complainant: Rajdeep Majumder
For OP/OPs : none
Date of filing of the case :19.02.2020
Date of Disposal of the case :03.05.2023
Final Order / Judgment dtd.03.05.2023
Complainant above name filed the present case praying for refund of Rs. 700/- , Rs.50, 000/- as compensation and also prayed for cost of the case.
Complainant alleged that on 10.10.2019 she went to shop of OP for taking food.
She took food but those foods were small in quantity.
OP raised heavy amount for said food but on negotiation she paid Rs.700/-.
Moreover by taking said food she became ill and was treated by the doctor and doctor told it was the case of food poisoning.
Case is running ex-parte against the OP vide order dtd. 17.11.2021.
TRIAL
During trial complainant filed affidavit-in-chief.
DOCUMENT
During trial complainant filed following documents.
- Xerox copy of GD d td. 10.02.2023.
- Xerox copy of medical certificate dtd. 15.02.2023.
DECISION WITH REASONS
It is the allegation of complainant that she took food from the shop of OP but quantities of the food were small.
Moreover heavy amount of bill was raised, but on negation an amount of Rs.700 was taken from the complainant.
He further alleged that by taking that food she became ill and she suffered with food poisoning after taking of those foods.
On perusal of Xerox copy of document dtd. 10.02.2023 we find that complainant lodged complaint before the OC Dankuni Police Station wherein she mentioned that at the time of shifting his residence from Krishnagar to Dankuni her all documents relating to medical treatment were missing, hence she lodged the said G.D.
To Get the desired relief complainant has to prove that she visited the shop of the OP and took some food but she could not produced any original copy of bill in respect of taking food from the shop of OP.
She further alleged that OP claimed excessive amount than the actual amount of the food.
To prove the said fact complainant did not produce any photocopy of the rate chart or price list of the shop of OP.
In respect of supply of smaller quantity, no evidence were given by the complainant.
In respect of food poising complainant failed to produce any documents relating to continuation of her treatment as indoor patient.
It is accepted proposition that in the case of food poisoning person must go to the Hospital or before competent Nursing Home for her necessary treatment because food poisoning is serious issue of health hazards. But complainant failed to produce any such document.
In view of the aforesaid discussion it is clear before us that complainant did not take necessary steps to prove the aforesaid allegation against OP.
In the result, the present case fails.
Hence,
It is
Ordered
that the present case be and the same is dismissed ex-parte against OP but without any order as to cost.
Let a copy of this order be supplied to both the parties as free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I, concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
