Delhi

East Delhi

CC/105/2014

VINEET - Complainant(s)

Versus

OM SAI RAM HOTAL - Opp.Party(s)

27 Apr 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  105/14

 

Shri Vineet Kumar Tyagi

S/o Shri Ram Kumar Tyagi

R/o B-124, Jyoti Colony

Shahdara, Delhi                                                          …….Complainant

 

Vs.

 

M/s. Om Sai Ram (Hotel)

Near U-Bock, Gali No. 7

Shakarpur Main Road

Laxmi Nagar Mode

Delhi – 110 092                                                                ….Opponent

 

Date of Institution: 28.02.2014

Judgment Reserved on: 27.04.2017

Judgment Passed on: 28.04.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

          This complaint has been filed by Shri Vineet Kumar Tyagi against M/s. Om Sai Ram Hotel (OP) under Section 12(1)(a) of the Consumer Protection Act, 1986. 

2.       The facts in brief are that on 04.12.2013 at 8 p.m. the complainant ate food in the hotel of OP and paid the bill to OP for Rs. 50/-.  When complainant reached at home, he started vomiting and felt giddiness at whole night.  He got checked up by the doctor on 05.12.2013 and diagnosed as food poisoning.  It is stated that he could not make his professional work upto two weeks.  He spent Rs. 5,000/- for treatment & curing and Rs. 1,50,000/- sustained by him as professional injury.  It is further stated that he ate the food in the hotel of OP on 04.12.2013 but OP inscribed the date 04.11.2013 deliberately on the bill/cash memo.

Legal notice of dated 13.03.2013 was given to OP.  Thus, the complainant has prayed for compensation of claim of Rs. 1,60,000/- including cost of litigation

3.       Notice of the complaint was given to OP.  They were served, but did not put the appearance.  Thus, they were proceeded ex-parte. 

4.       In support of its case, the complainant has examined himself on affidavit.  He has narrated the facts, which have been stated in the complaint. 

6.       We have heard the complainant and have perused the material placed on record. From the testimony of the complainant and the documents placed on record, it is evident that cash memo of dated 04.11.2013 (Annex. P-1) was issued by M/s. Om Sai Ram (OP) for a Thali on payment of Rs. 50/-.  Further, Annex. P-2 is a prescription issued by Indraprastha Apollo Hospital which is of dated 05.12.2013.  This prescription shows vomiting due to food poisoning.  Though, there has been a gap of about one month in the bill and the prescription of the doctor, the explanation which has been given by the complainant in his complaint has been that the complainant ate the food at the hotel of OP on 04.12.2013, but he inscribed in the bill/cash memo 04.11.2013 deliberately.  Without going into question whether the complainant ate food on 04.11.2013 or 04.12.2013, the fact remains that complainant have took a Thali from the hotel of OP which he consumed and got sick.  This fact can be inferred from the testimony of the complainant which has gone unrebutted.  Not only that even during the course of proceedings, an application was moved on behalf of OP for settlement.  Thus, the fact remains that incident has happened which leads to deficiency in service on the part of OP.  When there has been deficiency on the part of OP, certainly, the complainant have suffered mental pain and agony.  Complainant being a practising advocate, certainly, he would have suffered due to his professional commitments.  Keeping in view the facts and circumstances of the case, it is ordered that ends of justice will be met, if the complainant is awarded a lump sum amount of Rs. 30,000/- on all counts.  The order be complied within a period of 45 days.  If not complied, then amount of Rs. 30,000/-shall also carry interest @ 6% p.a. from the date of order till realization.                   

          Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

(HARPREET KAUR CHARYA)                              (SUKHDEV SINGH)

        Member                                                     President