Delhi

North

CC/411/2022

AHMAD ALI - Complainant(s)

Versus

NORWANG CAFE & RESTAURANT - Opp.Party(s)

28 Nov 2022

ORDER

Consumer Complaint No. 411/2022

In the matter of

Ahmad Ali

S/o Sh.Mohammad Ali

r/o 7/13C, Ansari Road, Darya Ganj

New Delhi                                                               …                 Complainant

Versus

Norwang Cafe & Restaurant

Through Manager

Tashi Delek House

Majnu Ka Tilla

Near Aruna Nagar

Delhi- 110054                                                         …       Opposite Party

ORDER

28/11/2022

 

Divya Jyoti Jaipuriar, President

By way of this complaint the Complainant alleged that M/s. Norwang Cafe & Restaurant (OP herein), where the complainant and his friends had visited on 26/07/2022, failed to provide any Halal Certificate to the complainant and has also served stale food. It is the case of the Complainant that the Burger sold to the complainant and his friends were stale and not fresh.

We have heard the arguments of Shri Shubham Gupta, Ld. Advocate, who was appointed by DLSA to represent Complainant as a Legal Aid Advocate. After hearing the arguments on two different dates, we reserved the order on the issue of admissibility of this complaint.

On the first date of argument, on our enquiring that whether any law in India mandated the Hotels Restaurants and Food Outlets to get compulsory Halal Certification for serving non-vegetarian items, Ld. Advocate for the complainant sought an adjournment. On the next date of hearing he informed this Commission that no law in India requires compulsory Halal Certification for the Hotels Restaurants and Food Outlets. As a matter of fact, under the provisions of the Food Safety and Standards Act, 2006; Food Safety And Standard Authority of India (FSSAI) has come up with certain guidelines, regulations and notifications in order to ensure the serving of hygienic, standardised quality food by Hotels Restaurants and Food Outlets within the country. The said FSAAAI guidelines also do not require any compulsory halal certification for Hotels Restaurants and Food Outlets. In view of the fact that serving of Halal certificate food is not statutory requirement and also in view of the fact that FSSAI guidelines and regulation does not require compulsory halal certification of Hotels Restaurants and Food Outlets, we are not convinced that non-providing/ not showing Halal Certificate of the OP Hotel to the Complainant is any deficiency of service.

The complainant has also alleges that OP has served stale burger which was not fresh. In support of such claim the complainant stated that when same was pointed out to the OP outlet, the OP offered him a fresh pizza.  But OP subsequently refused free pizza and also refused to waive off amount of burger and chicken and to provide any discount on the total bill after there was altercation between the complainant and the Store Manager. It is the case of the Complainant that he gave a written complaint to the Store Manager of OP which was also allegedly signed by the said Store Manager. The copy of the said complaint given to the Store Manager is at page No. 22 of the complaint. This letter does not inspire any confidence of this Commission as except for the signature of the complainant no other signatory of the letter are identified.

The complainant also alleges that because of the consumption of the stale burger, he suffered stomach ache later in the day which remained for whole day and was subsequently cured on the next date day when the complainant consumed home-made Kadha. On our enquiry, it was stated that Complainant did not take any medical advice or visited any medical practitioner for such stomach ache. Such allegations of the complainant also does not inspire our confidence in view of the fact that when complainant was having severe stomach ache, he did not visit any medical practitioner or took any medical advice.

Complainant has also sent legal notice to the OP which was remained unanswered.  The complainant also raised a consumer grievance on the portal of Department of Consumer Affair, Govt. of India vide Grievance No.3724839 where the complainant was advised to lodge a formal complaint with FSSAI. On our enquiry, it was stated that by the complainant, who also appeared on last date of hearing, that he has not lodged any complaint with FSSAI regarding stale burger.

The approach of the complainant does not inspire our confidence particularly in view of the fact that complainant himself has admitted that there is an altercation in the restaurant and further for the reason that he did not visit any Medical Practitioner for the stomach ache which was allegedly because of consumption of stale burger. The complainant has also not filed any complaint with FSSAI with respect to the stale burger allegedly served to the Complainant which was suggested to the Complainant by the Consumer Grievance Portal maintained by the Department of Consumer Affair, Govt. of India.

In view of the above, we are not convince that OP was deficient in providing services to the complainant either on the ground namely non-serving of Halal food or on the ground of serving stale burger. As a result, we do not find any merit in the complaint. Hence this complaint is dismissed on admission stage itself.