The Managar . V/S S. Govindan - Consumer Court Case

Karnataka

Bangalore Urban

CC/10/1741

S. Govindan - Complainant(s)

Versus

The Managar . - Opp.Party(s)

28 Jul 2010

ORDER

BANGALORE URBAN DISTRICT CONSUMER DISPUTES REDRESSLAL FORUM, BANGALORE, KARNATAKA STATE.
Bangalore Urban District Consumer Disputes Redressal Forum, Cauvery Bhavan, 8th Floor, BWSSB Bldg., K. G. Rd., Bangalore-09.
consumer case(CC) No. CC/10/1741

S. Govindan						...........Appellant(s)
Vs.
The Managar .						...........Respondent(s)

BEFORE:

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

COMPLAINT FILED ON: 27.07.2010 DISPOSED ON: 09.11.2010 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 9th NOVEMBER 2010 PRESENT :- SRI. B.S. REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI. A. MUNIYAPPA MEMBER COMPLAINT NO.1741/2010 COMPLAINANT S. Govindan, No.15,4th Cross, Bapuji Layout, Bangalore-560040. In person V/s. OPPOSITE PARTY The Manager, Food World, Adjacent to MLA Krishnappas House, RPC Layout, Vijayanagar, Bangalore-560040. Exparte O R D E R SMT. M. YASHODHAMMA, MEMBER This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the OP (herein after called as O.P) to pay damages of Rs.50,000/- along with cost on the allegations of deficiency in service. 2. The brief averments made in the complaint are as follows: On 18.06.2010 at 6.30 pm complainant went to the OP stores for purchase groceries and other items. The OP food world store is stacked with food products cold storage, vegetables, groceries, bakery, oils, toiletries, cosmetics, instant foods and other packed items. These items are stacked and the consumer has to pick up the items from the stacks and produce it to the cashier for cash or for the usage of debit/credit cards for the purchases made by the complainant. There was spillage of oil on the floor at OP shop which was covered. While picking up the items from the racks, the complainant stepped on the covered spilled oil and fell down and sustained fractures on the left hand wrist. The complainant produced the invoice dated 18.06.2010 issued by OP after swiping the card at the OP shop. Because of the negligent act on the part of the OP complainant stepped on spilled oil fell and sustained fracture which caused medical expenses for treatment of fractures and mental agony besides complainants routine work also affected due to the said accident. Complainant wrote a letter to OP demanding Rs.50,000/- towards treatment and inconvenience caused to the complainant. Copy of the letter dated 25.06.2010 is produced. OP refused to receive the said letter which was sent through Courier. The courier endorsement is produced. There was no sign board or no area was fenced in order to indicate that it was a danger zone area for the consumers visiting the OP store. Due to the total negligence and carelessness on the part of the OP in not keeping premises clean. Complainant sustained fracture. Inspite of repeated request and demands when OP failed to pay the amount, complainant felt deficiency in service against the OP. Under the circumstances he is advised to file this complaint for the necessary reliefs. 3. On registration of the complaint notice is sent to the OP Inspite of service of notice OP remained absent without any sufficient reason or cause. Hence OP is placed ex-parte. 4. In order to substantiate the complaint averments complainant filed his affidavit evidence and produced copy of the invoice dated 18.06.2010, copy of the demand letter dated 25.06.2010 copy of the courier endorsement, return cover, Medical certificate dated 24.07.2010 issued by the Ravi Kirloskar Memorial Hospital. OP did not participate in the proceedings. Heard arguments of the complainant. 5. It is contended by the complainant that on 18.06.2010 at about 6.30 p.m he went to OP Food world stores for purchase of groceries and other items along the pathway of the floor / gangway. There was spillage of oil on the floor which was covered by OP when complainant was walking along the pathway and was picking up items he stepped on the covered spilled oil on the floor due to which he slipped, fell down and sustained fracture on the left hand wrist. On 19.06.2010 he got examined at Ravi Kirloskar Memorial Hospital and x-ray was taken and diagnosed to have (L) distal end radius fracture and plaster of paris (POP) was applied on the fracture for one month. 6. We have perused the Medical certificate issued by Orthopedic surgeon Dr. K.S. Venkatesh of the Kirloskar Memorial Hospital dated 24.07.2010. It was the duty of the OP to maintain the premises and floor, path way clean. Because of the negligent act of the OP, complainant while selecting the items and purchasing groceries got spillage and got fracture of his left hand wrist. Complainant incurred medical expenses and suffered mental agony. We have perused the letter dated 25.06.2010 and cover endorsement stating OP refused to accept and returned cover. OP has not bothered to receive the letter sent by the complainant. We are satisfied that complainant is able to prove the deficiency in service on the part of the OP. From the absence of the OP we can draw the inference that OP admits all the allegations made by the complainant in toto. From the unchallenged affidavit evidence and documents produced we are satisfied that there is negligence and carelessness on the part of the OP in maintaining the floor of the store clean. The complainant has claimed Rs.50,000/- as damages. But there is no basis for this claim. Complainant has not produced any bill in support of his claim. Under these circumstances we are of the considered view that the complainant is entitled for global compensation of sum of Rs.10,000/- from OP. Accordingly we proceed to pass the following: ORDER The complaint is allowed in part. OP is directed to pay Rs.10,000/- compensation to the complainant within four weeks from the date of communication of this order, failing which complainant is entitled to claim interest at the rate of 9% p.a. from the date of this order till realization. (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 9th day of November 2010.) PRESIDENT MEMBER MEMBER gm.

COMPLAINT FILED ON: 27.07.2010 DISPOSED ON: 09.11.2010 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 9th NOVEMBER 2010 PRESENT :- SRI. B.S. REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI. A. MUNIYAPPA MEMBER COMPLAINT NO.1741/2010 COMPLAINANT S. Govindan, No.15,4th Cross, Bapuji Layout, Bangalore-560040. In person V/s. OPPOSITE PARTY The Manager, Food World, Adjacent to MLA Krishnappas House, RPC Layout, Vijayanagar, Bangalore-560040. Exparte O R D E R SMT. M. YASHODHAMMA, MEMBER This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the OP (herein after called as O.P) to pay damages of Rs.50,000/- along with cost on the allegations of deficiency in service. 2. The brief averments made in the complaint are as follows: On 18.06.2010 at 6.30 pm complainant went to the OP stores for purchase groceries and other items. The OP food world store is stacked with food products cold storage, vegetables, groceries, bakery, oils, toiletries, cosmetics, instant foods and other packed items. These items are stacked and the consumer has to pick up the items from the stacks and produce it to the cashier for cash or for the usage of debit/credit cards for the purchases made by the complainant. There was spillage of oil on the floor at OP shop which was covered. While picking up the items from the racks, the complainant stepped on the covered spilled oil and fell down and sustained fractures on the left hand wrist. The complainant produced the invoice dated 18.06.2010 issued by OP after swiping the card at the OP shop. Because of the negligent act on the part of the OP complainant stepped on spilled oil fell and sustained fracture which caused medical expenses for treatment of fractures and mental agony besides complainants routine work also affected due to the said accident. Complainant wrote a letter to OP demanding Rs.50,000/- towards treatment and inconvenience caused to the complainant. Copy of the letter dated 25.06.2010 is produced. OP refused to receive the said letter which was sent through Courier. The courier endorsement is produced. There was no sign board or no area was fenced in order to indicate that it was a danger zone area for the consumers visiting the OP store. Due to the total negligence and carelessness on the part of the OP in not keeping premises clean. Complainant sustained fracture. Inspite of repeated request and demands when OP failed to pay the amount, complainant felt deficiency in service against the OP. Under the circumstances he is advised to file this complaint for the necessary reliefs. 3. On registration of the complaint notice is sent to the OP Inspite of service of notice OP remained absent without any sufficient reason or cause. Hence OP is placed ex-parte. 4. In order to substantiate the complaint averments complainant filed his affidavit evidence and produced copy of the invoice dated 18.06.2010, copy of the demand letter dated 25.06.2010 copy of the courier endorsement, return cover, Medical certificate dated 24.07.2010 issued by the Ravi Kirloskar Memorial Hospital. OP did not participate in the proceedings. Heard arguments of the complainant. 5. It is contended by the complainant that on 18.06.2010 at about 6.30 p.m he went to OP Food world stores for purchase of groceries and other items along the pathway of the floor / gangway. There was spillage of oil on the floor which was covered by OP when complainant was walking along the pathway and was picking up items he stepped on the covered spilled oil on the floor due to which he slipped, fell down and sustained fracture on the left hand wrist. On 19.06.2010 he got examined at Ravi Kirloskar Memorial Hospital and x-ray was taken and diagnosed to have (L) distal end radius fracture and plaster of paris (POP) was applied on the fracture for one month. 6. We have perused the Medical certificate issued by Orthopedic surgeon Dr. K.S. Venkatesh of the Kirloskar Memorial Hospital dated 24.07.2010. It was the duty of the OP to maintain the premises and floor, path way clean. Because of the negligent act of the OP, complainant while selecting the items and purchasing groceries got spillage and got fracture of his left hand wrist. Complainant incurred medical expenses and suffered mental agony. We have perused the letter dated 25.06.2010 and cover endorsement stating OP refused to accept and returned cover. OP has not bothered to receive the letter sent by the complainant. We are satisfied that complainant is able to prove the deficiency in service on the part of the OP. From the absence of the OP we can draw the inference that OP admits all the allegations made by the complainant in toto. From the unchallenged affidavit evidence and documents produced we are satisfied that there is negligence and carelessness on the part of the OP in maintaining the floor of the store clean. The complainant has claimed Rs.50,000/- as damages. But there is no basis for this claim. Complainant has not produced any bill in support of his claim. Under these circumstances we are of the considered view that the complainant is entitled for global compensation of sum of Rs.10,000/- from OP. Accordingly we proceed to pass the following: ORDER The complaint is allowed in part. OP is directed to pay Rs.10,000/- compensation to the complainant within four weeks from the date of communication of this order, failing which complainant is entitled to claim interest at the rate of 9% p.a. from the date of this order till realization. (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 9th day of November 2010.) PRESIDENT MEMBER MEMBER gm.