Order No.                 .

This is an application u/s.12 of the C.P. Act, 1986.

          Main grievance of the complainant in the present complaint is that complainant’s daughter marriage was fixed on 18-11-2010 which was held at Kolkata Arora Samaj Bhaban at 19, Keshob Chandra Sen Street, P.S. Amher Street, Kolkata – 700 009 and for the purpose of said marriage fixed complainant engaged OP to supply food and beverages for the invitees and OP agreed to supply on payment of Rs.220/- per plate for 450 heads of invitees.

          Accordingly, on 18-11-2010 said marriage of the daughter of the complainant was held and OP supplied food and beverages and after taking said food and beverages some invitees of the said marriage ceremony became seek after taking food and their condition became serious and so, hospitalized on Kolkata Medical Hospital and after treatment they became stable and prior to that they had been suffering from pain in abdomen, loose motion and vomiting.

          In the situation the complainant has alleged the quality of the supplied foods was very poor, not hygienic and habitable for which the invitees of the complainant suffered much but fact remains complainant already paid a sum of Rs.50,000/- towards advance payment OP acknowledging the same by showing the reason.

          In connection with the above complaint complainant alleged a complaint at local P.S. on 19-11-2010 and such supply of unhygienic food OP adopted trade practice and for their negligent and deficient manner of service invitees of the complainant suffered illness after having the said meal supplied by the OP and for which complainant has lost his prestige in the locality and in the above circumstances complainant claimed a sum of Rs.1 lakh as compensation by filing this complaint and for redressal.

          On the contrary OP by filing written statement has submitted that entire complaint is baseless and without any foundation no material is produced by the OP to show that food and beverages supplied by the OP was below standard and unhygienic and for taking such food some negligent persons were hospitalized and got such treatment due to food poison and etc. and further OP Arup Nag has submitted that he only delivered the food and beverages prepared by M/s. Happy Caterers and acted as delivery person for supply of food only and proprietor is one Supriya Nag having trade license under KMC and Arup Nag is not the proprietor of the said business and further submitted that there was no supply of poor quality of foods nor there was any carelessness and callousness in the attitude of the Happy Caterer and the complainant has not suffered mental agony or has not lost the prestige in the locality or society and there is no such proof that said food and beverages were below standard and not habitable one.  But fact remains OP has withheld a sum of Rs.38,000/- for catering service as yet and when the same is demanded this dispute arose.  So, the complaint should be dismissed.

Decision with Reasons

On proper consideration of the complaint and written version and also hearing the Ld. Lawyer of the complainant and the OP we have gathered that no doubt the OP is still entitled to Rs.38,000/- from the complainant for supply of food and beverages on the date of marriage of his daughter on 18-11-2010 and admittedly OP supplied the same and Rs.50,000/- has been paid as advance.  But anyhow the complainant is no doubt balance amount of Rs.38,000/- though as consumer he is liable to pay the same to the OP when food and beverages were supplied as per requirement of the complainant and the complainant was bound in this regard.  Now, the question is whether after taking meal as supplied by the OP a reasonable numbers of invitees fell ill or not but in this regard we have gathered that one invitee as witness no.2 who took his meal on that night and after taking the meal he was feeling nausea etc. and he went to Medical College Hospital where he was treated and released.  But anyhow there is no such material evidence produced before this Forum by the complainant to prove that below standard food and beverages were supplied by the OP.  Not even it is proved that large numbers of invitees fell ill after taking meal but one or two persons fell abdominal pain and also feel nausea and loose motion for which they went to hospital, took medicine and returned back.

          In this respect we have gathered after considering the materials on record that there is no truth in respect of supply of sub-standard non-habitable food and beverages by the OP.  Complainant also failed to produce any such document to show that a reasonable portion of the food were sent to Kolkata Municipal Corporation for laboratory test for determination of the said food and no doubt that had not been done.  But fact remains not reasonable number of invites had been suffered from nausea or loose motion or vomiting were men of such dis-function of their abdomen and for which for taking rich meal they suffered such sort of pain, nausea, vomiting and after arrival at hospital when doctor gave such medicine they were found cure and considering that fact it is clear that the food has supplied by the OP in below standard and not even non-habitable condition and there was no question of any food poison because 99% invitees took the meal and enjoyed the meal, thereafter, they went away and there is no question that at large the invitees suffered from such trouble.  So, invariably considering the above situation facts and materials we are convinced that foods were supplied by the OP to the complainant in the marriage of the complainant was not below standard but it was up to the mark when 99% invitees enjoyed it and did not suffer from any illness.  Further it is known to all that some invitees after taking rich meal cannot digest the same and in almost all the marriage ceremonies the invitees having their dis-function of their abdomen or history of indigestion, cannot digest the rich meal in the marriage for which just after taking meal they feel nausea, vomiting-tendency and loose motion etc.  But those persons shall be ignored in all respects because it was not caused for the food but it is caused for unstable digestion system of those invitees what happened in this case.

          But applying our judicious conscience and also on comparative study of the written statement and the complaint it is found that this complaint was filed by the complainant not for sufferings of two or three invitees after taking meal but it is filed by the complainant with an intention to avoid payment of balance amount of Rs.38,000/.- and practically that is the cause of the complainant to file this complaint by mentioning such a concocted story of illness of the invitees on the date of the marriage of his daughter after taking meal as supplied by the OP and that is the common cause of all the persons who are unable to pay the balance amount of the service provider and only to avoid that payment this complaint is filed and it is no doubt a false and vexatious complaint and fact remains complainant himself ought to have appeared before this Forum after payment of the entire amount to the OP but that has not been done.  So, this false complaint is filed by the complainant and so we find that there is no merit in this case and for which this complaint fails.

Hence,

Ordered

That the case be and the same is dismissed on contest against the OP and as because the complaint is found vexatious and false so, the complainant is imposed a penalty cost of Rs.10,000/- (Rupees Ten thousand only) which shall be paid by the complainant to this Forum within 15(fifteen) days failing which penal action shall be taken against the complainant for non-compliance of the Forum’s order at the same time complainant is asked to pay the service provider OP on Rs.38,000/- (Rupees Thirty eight thousand only) on proper receipt.  But if complainant does not pay in that case OP may proceed before any Civil Court for releasing of that amount.

Dictated & Corrected