By. Sri. Chandran Alachery, Member:-
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite party to pay a compensation of Rs.50,000/- towards hospital expenses and mental agony suffered by the complainant and also to pay Rs.1,500/- towards loss of labour and also to pay the cost of the proceedings.
2. Brief of the complaint:- The complainant on 12.02.2014 at 8.00 am while going to Panamaram for coolie work, had food from opposite party's hotel at Fourth mile, Nalloornadu Post, Mananthavady. While the complainant was eating pathiri, some object had wounded her throat and vomited blood. She was taken to the District Hospital Mananthavady immediately and the Doctor consulted and examined her and found that there is injury in the throat and prescribed medicine. The doctor also suggested her to conduct endoscopy if bleeding and pain is there even after taking the medicine. The injury to the throat is sustained to the complainant is only due to the eating of hard object in the pathiri. Due to severe pain, the complainant on 13.02.2014 went to DM WIMS Hospital, Meppadi and conducted so many tests including endoscopy. These tests also revealed that the injury is sustained due to the eating of hard and sharp object inside the pathiri. The opposite party prepared the pathiri with gross negligence and due to the negligence the complainant sustained injury and consequent great loss. When the complainant informed the opposite party about this, the opposite party not responded. Aggrieved by this the complaint is filed.
3. On receipt of complaint, Notice was issued to opposite party and opposite party appeared before the Forum and filed version. In the version of opposite party, the opposite party contended that so far no one had made a complaint against the hotel and the complainant filed this complaint only on an experimental basis. The opposite party denied all the allegations stated in the complaint. The complainant did not raise a complaint about the incident on the day it is alleged to have been happened either to the proprietor or to the staff of the hotel. Opposite party's hotel is a busy hotel and if the incident is happened, it would have been noticed by the customers who were present in the hotel. The allegation of the complainant is baseless and imaginary. Hence the complaint is liable to be dismissed.
4. On perusal of complaint, version and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?
2. Relief and Cost.
5. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and documents are marked as Ext.A1 to Ext.A5. The complainant's witness is examined as PW2. The opposite party also filed proof affidavit and the opposite party is examined as OPW1 and opposite party's witness is examined as OPW2. Another witness of opposite party is examined as OPW3. Ext.A1 is the OP ticket, which shows that the complainant was treated as out patient on 12.02.2014 at District Hospital Mananthavady. In the certificate, the disease noted as fracture and doctor advised endoscopy. The Ext.A3 series shows that the complainant had undergone endoscopy on 14.02.2014 at DM WIMS Hospital Meppady. Ext.A4 is the Endoscopy result which shows that there is a wound inside the throat of the complainant. In the cross-examination of PW1, nothing is brought out against the complaint. PW2 is also cross-examined by the opposite party and nothing is brought out against the complainant. PW1's evidence corroborates the evidence of PW2. In the cross-examination of OPW1, OPW1 Stated that there is no enmity to the complainant against the opposite party. The OPW1 also stated that he do not know the reason for making a complaint by the complainant against opposite party. OPW2 is the witness of opposite party who is the supplier of the hotel. OPW2 deposed that during his period no complaint is reported about the alleged incident. OPW3 is the physician in DM WIMS Hospital, Meppadi. OPW3 stated that by taking anesthesia, 'ulcer with slough' seen in the throat. By going through Ext.A1 and Ext.A4 documents, it is seen that some injury inside the throat is happened. The specific case of complainant is that the injury in the throat is happened while eating pathiri from the hotel run by opposite party. PW2 also supported the complainant. By analyzing the entire evidences, the Forum is of the opinion that there is no hidden agenda or enmity to the complainant against the opposite party by filing a this type of complaint. The complainant is a lady and she did not have previous enmity with opposite party. So normally there is less chance for a false complaint. The incident might be happened due to the carelessness of the employees of the opposite party hotel while preparing food. So the Forum found deficiency of service from the part of opposite party. Point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.5,000/- (Rupees Five Thousand) only as compensation and Rs.1,000/- (Rupees One Thousand) only as cost of the proceedings to the complainant. The opposite party shall comply the Order within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 9th day of June 2015.
Date of Filing:14.02.2015. PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Beena. Complainant.
PW2. Sajeevan. Tile worker.
Witness for the Opposite Party:-
OPW1. Jaffer. Hotel Business.
OPW2. Basheer. Hotel Labour.
OPW3. Dr. Subha. Physician in DM WIMS, Meppadi.
Exhibits for the complainant:
A1. O.P. Ticket. Dt:12.02.2014.
A2. Result Report Microbiology Lab(3 pages).
A3(Series). O.P Bills( 3 Nos).
A4. Upper GI Endoscopy Report.
A5. Prescription. Dt:13.02.2014
Exhibits for the opposite party:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
