Tamil Nadu

South Chennai

CC/203/2021

M. Dhamodharn - Complainant(s)

Versus

M/s. Hotel Bismi - Opp.Party(s)

M/s. P. Adhavan Seral

05 Aug 2022

ORDER

Date of Complaint Filed : 09.11.2021

Date of Reservation      : 21.07.2022

Date of Order               : 05.08.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,    : MEMBER II

 

CONSUMER COMPLAINT No.203 /2021

FRIDAY, THE 5^th DAY OF AUGUST 2022

M.Dhamodaran,

S/o, M.Mani,

No.101, Perumal Kovil Street,

Periyaseakkadu,

Madhavaram Milk Colony,

Chennai - 600 051.                                                           ... Complainant                               

 

..Vs..

M/s. Hotel Bismi,

rep by its Owner/Authorized person/Manager,

No.67, Ellis Road,

Mount road,

Chennai-600 002.                                                          ...  Opposite Party

 

******

Counsel for the Complainant          : M/s. P. Adhavan Seral

Counsel for the Opposite Party       : Exparte

        On perusal of records and on endorsement made by the Complainant to treat the written arguments as oral arguments, we delivered the following:

ORDER

Pronounced by the Member-I, Thiru. T.R. Sivakumhar, B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Party to refund the amount of Rs.440/-paid by him to the bill amount and direct the Opposite Party to pay the compensation to the tune of Rs.9,00,000/- for deficiency of service and mental torture, sufferance and pain incurred by the Complainant along with cost.

2.     The averments of Complaint in brief are as follows:-

The Opposite Party is running a hotel business in the name and style of M/s. Hotel Bismi. He was having his food from the Opposite Party restaurant along with his friend. On 11.11.2019 at about 03.00 p.m that the Opposite Party's hotel staff said to my client that Biriyani was special at their restaurant and hence both of them ordered 1) chicken Biriyani 2) prawn Biriyani and 3) Tandoori chicken and the above said item was served to them. When the Complainant and his friend was eating the above said items, to their shock and surprise, the Complainant felt that something struck in his biriyani and pierced hard in his finger and caused him chilling pain. The Complainant found to his utter shock that a small glittering needle' 'kundoosi' (pin) was inside the biriyani.  He immediately took the presence of a sharp needle in the biriyani to the Opposite Party staff's notice but they did not seem to move and utterly disregard the same. They did not even make an apology. He could not stop thinking what would have happened if he had eaten without notice it. It may have caused severe injury to his inner parts of the body or it may also cause death. Because of the timely notice of needle in the said biriyani by the Complainant, the major threat of presence

 

of needle in his biriyani was thwarted. The Opposite Party staff though admitting the fact of presence of needle did not change their unapologetic tone. He was mentally harassed due to the activities of the Opposite Party's staff. The Complainant reiterates that fortunately by the grace of god he found the pin and informed to the Opposite Party's suppliers, cashier and management staff. But to his utter shock and surprise, nobody from their management side paid any attention to him. The Opposite Party's staffs behaved casually as if nothing had happened between them. The Opposite Party is running Biriyani shop in the heart of the city but their service for the food to the public is poor and dangerous, he had paid his bill amount of Rs.440/- and got receipt from the Opposite Party for the foods they had taken. The Complainant has also taken video of the food and needle of the biriyani and the incident which happened on that day. One of their cashiers told sarcastically that if the Complainant needs video of the said incident, he is also ready to give video that was taken in CCTV Camera. The Complainant sent a Legal notice dated 12.12.2019 to call upon him to rectify the said mistake and tender unconditional apology and Rs.10,00,000/- compensation for the deficiency of service and mental agony caused to the Complainant on the above said incident, and the said notice was duly received by the Opposite Party on 20.12.2019 and the Opposite Party did not chose to reply the same. Hence the complaint.

3.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-6  were marked.   

4.     The opposite Party was set exparte for non filing of written version within statutory period.

5.    Point for consideration:-

1.  Whether the Opposite Party had committed deficiency of service?
2. Whether the Complainant is entitled for reliefs claimed in the complaint and for any other relief/s?

Point No.1:-

      The contention of the complaint is that if he would not have seen the  said pin, in the food, i.e., in chicken Biriyani served by the Opposite Party, the same would have damaged his stomach and even it would have  caused death. Further contended that when the same was taken to knowledge of the management staff & Cashier, no one cared to respond and behaved in a rude manner. Further contended that the food served with the said pin is  a gross negligence on the part of the Opposite Party and the said act clearly amounts to deficiency of service. “On careful reading of the Complainant and Exhibits marked in support of the complaint, it is clear that the briyani served to the Complainant was found with Pointed Pin/ Bell Pin in Tamil “Kundusi” and the photograph of the same was marked as Ex-A3. It is also clear that the Opposite Party who received payment for the service is obligated  to  serve  a quality food  to  the  Complainant. It is totally out of

imagination to think what would have happened to the Complainant if he would have ate the food along with the said Pin/Kundusi. Hence, we hold that the Opposite Party had committed grave negligence by serving briyani with the endangering material to the Complainant. Therefore, we are of the considered view that the Opposite Party had committed deficiency of service and thereby had caused serious mental agony to the Complainant. Accordingly Point No.1 is answered.

Point No 2:-

        As discussed and decided Point No.1 against the Opposite Party, the Opposite Party is liable to refund a sum of Rs.440/- towards the bill amount paid by the Complainant and also to pay a sum of Rs.25,000/- towards deficiency of service and mental agony along with costs of Rs.3000/-. And the Complainant is not entitled for any other relief/s . Accordingly Point No.2 is answered.

In the result the complaint is allowed in part. The Opposite Party is directed to refund a sum of Rs.440/- (Rupees Four Hundred and Forty Only) towards the bill amount paid by the Complainant and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) towards deficiency of service and mental torture, sufferance and pain caused to the Complainant, along with costs of Rs.3,000/- (Rupees Three Thousand Only), within 8 weeks from the date of this order, failing compliance, the above amount shall carry interest @ 9% per annum from the date of this order till the date of realisation.

In the result the Complaint is allowed.

 

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 5^th of August 2022.  

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	11.11.2019	Copy of Bill receipt
Ex.A2	11.11.2019	Copy of Kundoosi”(pin) taken from inside the biriyani
Ex.A3	11.11.2019	Copy of Photos taken by the Complainant
Ex.A4	11.11.2019	Copy of (CD) Video taken by the Complainant
Ex.A5	12.12.2019	Copy of Legal notice sent by the Complainant
Ex.A6	20.12.2019	Copy of  acknowledgement card received by the Opposite Party

 

 

 

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT