Tamil Nadu

South Chennai

CC/137/2015

R.Shankar - Complainant(s)

Versus

M/s. Dominos Pizza - Opp.Party(s)

M/s.Royal law Associates

25 Apr 2019

ORDER

                                                                        Date of Filing  : 24.03.2015

                                                                          Date of Order : 25.04.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP. : MEMBER

 

C.C. No.137/2015

DATED THIS THURSDAY THE 25^TH DAY OF APRIL 2019

                                 

R. Shankar,

S/o. Mr. M. J. Raman,

No.4/151, New No.9/71, 2^nd Street,

Mulligoor Village,

The Nilgiris.                                                                  .. Complainant.                                                    

 

    ..Versus..

 

1. M/s. Jubilant Food Works Ltd.,

Rep. by its General Manager,

Registered and Corporate Office at:-

B-214, Phase-II, District,

Gauthambuth Nagar,

Noida – 201 305,

Uttar Pradesh.

 

2. M/s. Dominos Pizza,

Represented by its Branch Manager,

G.N. Chetty Road,

T. Nagar,

Chennai – 600 017.                                                 ..  Opposite parties.

 

Counsel for the complainant           : M/s. Royan Law Associates &  

                                                           another

Counsel for the 1^st opposite party  : M/s. P. Puhazh Ganthi & another

2^nd Opposite party                             : Exparte       

 

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.622/- towards the cost of pizza and to pay a sum of Rs.5,00,000/- towards compensation for mental agony and loss of reputation with interest at the rate of 24% p.a. from the date of delivery of Pizza to the complainant i.e. 19.02.2014 with cost of Rs.3,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that on 19.02.2014 in the evening he ordered a medium PAN Vegetarian Pizza along with other food items with the 2^nd opposite party.   After accepting the order placed by the complainant, the 2^nd opposite party delivered the Vegetarian PAN Pizza with other foods at 10.45 p.m. on 19.02.2014 and collected the bill amount of Rs.622/-.  The complainant submits that he ordered few more items of pizza and while biting and eating the pizza, the complainant felt hard that there is a foreign object in the pizza served by the 2^nd opposite party.  Immediately, the complainant stopped eating and checked the pizza and found a foreign body namely; a metal nut.   The complainant was very much shocked because, while biting and chewing the pizza, his left upper jaw 2 to 5 teeth region was broken into pieces and thereby, he was compelled to go and take treatment with the Dentist.    The complainant submits that after taking treatment with the Dentist, the complainant contacted the opposite parties’ authorities and thereafter, lodged a police complaint and reported the matter to the Tamil Nadu Food, Safety and Drug Administration Department, Chennai District dated:20.02.2014.  Since there is no proper response from the opposite parties and the officials including police, the complainant issued notice dated:01.04.2014 for which, the 1^st opposite party sent a reply dated:12.05.2014 with false and baseless allegation for which, the complainant sent a rejoinder notice dated:21.05.2014.  But the opposite parties has not come forward to settle the claim of the complainant.   The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by 1^st opposite party is as follows:

The 1^st opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.    The 1^st opposite party states that the opposite parties are the master franchisee in India of the leading International brand of Domino’s Pizza.   The brand carries enormous reputation in public for providing wholesome, clean and delectable pizzas prepared and home delivered / served in a very hygienic, time-bound and organized manner.   The 1^st opposite party states that the complainant as alleged in his complaint ordered for the pizza on 19.02.2014.  The complainant broke his teeth and was in severe pain but chosen to visit the Doctor’s clinic (Dentist) only on 20.02.2014 in the evening is evident from the prescription submitted in the typed set.   The 1^st opposite party states that the complainant was in severe pain as alleged in the complaint preferred a police complaint in the afternoon of 20^th February 2014 but went for treatment only in the evening and this shows the malafide intention of the complainant to make illegal gain.  There is no deficiency in service on the part of the 1^st opposite party and hence, the complaint is liable to be dismissed.

3.     Inspite of receipt of notice, the 2^nd opposite party has not appeared before this Forum and the 2^nd opposite party was set exparte.

4.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A9 are marked.  Inspite of sufficient time is given, the 1^st opposite party has not filed his proof affidavit to prove the contentions raised in the written version and hence it is concluded as ‘No Proof Affidavit’ on the side of the 1^st opposite party.

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of Rs.622/- paid towards the cost of pizza as prayed for?
2. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony, loss of reputation with cost of Rs.3,000/- as prayed for?

 

6.      On point:-

The 2^nd opposite party remained exparte.  The 1^st opposite party after filing his written version has not come forward to file any proof affidavit and documents to prove the contentions raised in the written version.  The complainant filed his written arguments.  Heard the complainant’s Counsel also. Perused the records namely; the complaint, written version, proof affidavit and documents of the complainant.  The complainant pleaded and contended that on 19.02.2014 in the evening he ordered a medium PAN Vegetarian Pizza along with other food items with the 2^nd opposite party.   After accepting the order placed by the complainant, the 2^nd opposite party delivered the Vegetarian PAN Pizza with other foods at 10.45 p.m. on 19.02.2014 and collected the bill amount of Rs.622/- as per Ex.A1.  Further the contention of the complainant is that he ordered few more items of pizza.   While biting and eating the pizza, the complainant felt hard that there is a foreign object in the pizza served by the 2^nd opposite party.  Immediately, the complainant stopped eating and checked the pizza and found a foreign body namely; a metal nut.   The complainant was very much shocked because, while biting and chewing the pizza, his left upper jaw 2 to 5 teeth region was broken into pieces and thereby, he was compelled to go and take treatment with the Dentist.  Ex.A2 is the prescription issued by the Dentist.  The prescription itself shows that the Doctor prescribed a pain killer tablet which shows while chewing the pizza, the nut found in the pizza caused some damage to the teeth. 

7.     Further the contention of the complainant is that after taking treatment with the Dentist, the complainant contacted the opposite parties’ authorities and thereafter, lodged a police complaint as per Ex.A3, CSR and reported the matter to the Tamil Nadu Food, Safety and Drug Administration Department, Chennai District as per Ex.A4.  Since there is no proper response from the opposite parties and the officials including police, the complainant was constrained to issue notice as per Ex.A5 on 01.04.2014 for which, the 1^st opposite party sent a reply dated:12.05.2014 as per Ex.A6 with untenable contentions for which, the complainant sent a rejoinder notice dated:21.05.2014 as per Ex.A7.  Since the opposite parties has not come forward to settle the claim, the complainant was constrained to filethe case claiming compensation of Rs.5,00,000/- with cost.  But the complainant has not produced any substantial evidence to prove such huge compensation.  The 2^nd opposite party remained exparte. The 1^st opposite party after filing written version has not filed his proof affidavit and documents to prove the contentions raised in the written version. The allegation raised in the written version is also not supported by any document.  The allegation of maintainability regarding the deficiency in service also not proved and is not acceptable because, there was a foreign body in the pizza caused damage to the teeth resulting treatment with a Dentist required.   Further the contention of the 1^st opposite party raised in the written version that the Dominos pizza produced by the 1^st opposite party is of international brand with cleanliness and hygiene also not proved in this case.   Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 & 2 are jointly and severally shall refund a sum of Rs.622/- paid towards the cost of pizza compensation of Rs.15,000/- with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally are directed to refund a sum of Rs.622/- (Rupees Six hundred and twenty two only) being the cost of pizza and to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 25^th day of April 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

		Copy of invoice bill
		Copy of the Doctor’s prescription issued by Dr. R. Umamaheswari to the complainant
		Copy of CSR issued by the Sub-Inspector of Police, (L & O), Soundrapandianar Angadi Police Station, Chennai – 600 017 for the complaint lodged by the complainant
		Copy of complaint filed by the complainant filed complainant before the Designated Officer, Tamil Nadu, Food, Safety and Drug Administration Department, Chennai District
		Copy of legal notice issued by the complainant’s Counsel to the 2nd opposite party
		Copy of reply notice issued by the 1st opposite party’s Counsel
		Copy of rejoinder sent by the complainant to the 1st opposite party
		Broken tooth
		Nut found in the pizza

 

1^ST OPPOSITE PARTY SIDE DOCUMENTS:- ‘No Proof Affidavit’

 

MEMBER                                                                                                                                                                       PRESIDENT