DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

Complaint Case No : CC/205/2022

Date of Institution   : 01.09.2022

Date of Decision    : 07.06.2024

Manjit Singh son of Tulsa Singh resident of Village Jaimal Singh Wala, PO Maur Nabha, Tehsil Tapa, District Barnala, Punjab.             

                          …Complainant Versus

1. Punia Tower, Opposite Max Auto Dhuri Road, Sangrur through its Manager/Authorized Signatory Mobile No. 98520-12001. 

2. Manager/Authorized Signatory Punia Tower, Opposite Max Auto Dhuri Road, Sangrur.  

                             …Opposite Parties

Complaint Under Section 35 of Consumer Protection Act, 2019.

Present: Sh. Rajan Chaudhary counsel for complainant.

Sh. D.R. Jindal counsel for opposite parties.

Quorum:-

1. Sh. Jot Naranjan Singh Gill : President

2.Smt. Urmila Kumari : Member

3.Sh. Navdeep Kumar Garg : Member

ORDER

JOT NARANJAN SINGH GILL, PRESIDENT

1. The complainant namely Manjit Singh has filed the present complaint under Section 35 of the Consumer Protection Act 2019, (amended upto date) against Punia Tower, Opposite Max Auto Dhuri Road, Sangrur & others (hereinafter referred as opposite parties).  

2. The facts leading to the present complaint are that the complainant alongwith his two friends namely Kuldeep Singh and Jagraj Singh visited the restaurant of opposite parties on 15.8.2022 and ordered some eatables like Veg Sweet Corn Soup, Veg Plater, Hot Gulab Jamun, Butter Scotch with Ice Cream, Mineral Water 1 Ltr. and these articles were served to the complainant and his friends which were not packed and were served open as such the complainant paid an amount of Rs. 1302/- vide invoice No. R3229 dated 15.8.2022 issued by the opposite parties. It is further alleged that when the complainant and his friends were eating the Butter Scotch with Ice Cream then the flies (insect) comes out from the said Butter Scotch with Ice Cream for which the complainant complained to the opposite parties but the opposite parties did not adhere to the complaint of the complainant but got furiated and mis-behaved with the complainant and his friends also and refused to accede to the request of the complainant. Thereafter, on the same day in the evening the complainant and his friends fell ill and they had visited the Community Health Centre, Dhanuala for treatment where they came to know that they suffered food poisoning which happened due to the consumption of said Butter Scotch with Ice Cream having flies (insect) in it and the above said act of the opposite parties amounts to deficiency in service and unfair trade practice. Hence, the present complaint is filed for seeking the following reliefs.- 

i)To make the payment of Rs. 1,00,000/- due to physical pain, mental agony, financial loss and inconvenience suffered by complainant and a sum of Rs. 10,000/- as litigation expenses.  

3. Upon notice of this complaint, the opposite parties appeared and filed written version by taking preliminary objections interalia on the grounds that the present complaint is wholly misconceived, groundless and unsustainable in law. This Commission has no jurisdiction to entertain and adjudicate the present complaint. The present complaint is baseless and is flagrant abuse of the process of law merely to harass and blackmail the opposite parties and to grab the bill amount of the opposite parties. The complainant has no locus-standi to file the present complaint etc. On merits, it is admitted to the extent that complainant alongwith his two friends namely Kuldeep Singh and Jagraj Singh visited the restaurant of opposite parties on 15.8.2022 and ordered some eatables like Veg Sweet Corn Soup, Veg Plater, Hot Gulab Jamun, Butter Scotoch with Ice Cream, Mineral Water 1 Ltr. and these articles were served to the complainant and his friends. But it is wrong that the same were not packed and were served open, as such the complainant paid an amount of Rs. 1302/- vide invoice No. R3229 dated 15.8.2022 issued by the opposite parties. It is denied that  when the complainant and his friends were eating the Butter Scotch with Ice Cream then the flies (insect) comes out from the said Butter Scotch with Ice Cream for which the complainant complained to the opposite parties but the opposite parties did not adhere to the complaint of the complainant but got furiated and mis-behaved with the complainant and his friends also and refused to accede to the request of the complainant. It is submitted that complainant has concocted a false story in order to grab the money of the opposite parties and to blackmail the opposite parties in order to grab more amount from the opposite parties. It is further submitted that neither there was any flies (insect) comes out from the said Butter Scotch with Ice Cream nor the complainant and his friends got ill. All other allegations of the complainant are denied and prayed for the dismissal of complaint with costs.  

4. Ld. Counsel for the complainant has filed rejoinder to the written version filed by opposite parties and denied the averments as mentioned in the reply.  

5. To prove the case the complainant tendered into evidence his own affidavit Ex.C-1, bill Ex.C-2, prescription slips Ex.C-3 to Ex.C-5, photographs Ex.C-6 & Ex.C-7, PAN DRIVE Ex.C-8 and closed the evidence.  

6. To rebut the case the opposite parties have failed to tender any evidence and the evidence of opposite parties is closed by order of this Commission dated 21.4.2023.  

7. We have heard the learned counsel for the parties and have gone through the record on file. Written arguments filed by complainant.

8. To prove his case the complainant has placed on record his affidavit Ex.C-1 vide which he taken the stand as mentioned in the complaint. He has also placed on record bill Ex.C-2 of Punia Tower Restaurant for an amount of Rs. 1302/- and from this bill it also shows that the complainant has purchased Butter Scotch with Ice Cream for an amount of Rs. 200 alongwith other articles from the opposite parties. The complainant further placed on record prescription slips of Community Health Centre, Dhanaula dated 15.8.2022 Ex.C-3 to Ex.C-5 which were in the name of Jugraj Singh, Manjit Singh and Kuldeep Singh. The complainant also placed on record photographs Ex.C-6 & Ex.C-7 which shows the fly (insect) in the Butter Scotch Ice Cream and the above said Butter Scotch Ice Cream served in cup/opened condition and the same was also shows that the some contents of the Ice Cream were consumed. The complainant further placed on record Pen drive Ex.C-8 and after operating/opening the Pen drive and playing the video in Computer it was seen/observed that a dead fly (insect) is present in the opened cup of Ice Cream. It is also observed while listening the audio contents of the Pen Drive that the complainant has complained regarding the fly (insect) in the Ice Cream to the Manager of the Punia Tower Restaurant and the Manager of the Punia Tower Restaurant said to the complainant that this product was not manufactured by the above said Restaurant and the same has been manufactured by the Amul and the same has been received by the above said Restaurant in packing condition and they only served to the public as it is. On the other hand, the opposite parties have failed to rebut the case of the complainant by producing any evidence despite taking number of opportunities. 

9. So, from the perusal of the record it is well proved that there was dead fly (insect) in the above said Butter Scotch Ice Cream (as shows from Pen Drive video and audio conversation Ex.C-8 and photographs Ex.C-6 & Ex.C-7) which was purchased by the complainant alongwith other articles from the Punia Tower Restaurant (as per Ex.C-2) and the same was found when the complainant alongwith his friends consumed the above said Ice Cream at the Punia Tower Restaurant. It is also the case of the complainant that the opposite parties did not pay any attention towards the grievance of the complainant and due to which the complainant has suffered physical pain, mental agony, financial loss and inconvenience. Moreover, due to the consumption of above said Ice Cream the complainant and his friends fell ill and has to take treatment due to food poisoning. On the other hand, there is nothing on record from the side of opposite parties in order to rebut the case of the complainant. Therefore, we are of the view that the deficiency in service and unfair trade practice on the part of the opposite parties is writ large.  

10. In view of our above discussion, we allow the complaint against the opposite parties and directed the opposite parties to pay to the complainant an amount of Rs. 10,000/- in lieu of compensation for physical pain, mental tension, agony, financial loss and harassment as well as an amount of Rs. 5,000/- on account of litigation expenses. 

11. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order.

12. Copy of this order be supplied to the parties free of costs as per rules. File be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN COMMISSION:

       7th Day of June, 2024

 

            (Jot Naranjan Singh Gill)

            President

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member