Punjab

Patiala

CC/22/274

Harish Kumar - Complainant(s)

Versus

The Owner Manager the Chocolate Room - Opp.Party(s)

Sh.HPS Verma

12 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/ 274/ 2022
Date of Institution	:	27.10.2022
Date of Decision	:	12.4.2023

 

1. Harish Kumar s/o Sh.Ashok Kumar, resident of H-508, SST Nagar, Patiala.
2. Ms.Vibhuti Khanna d/o Sh.Gopal Krishan Khanna, resident of B 106, Garden Heights, Patiala.

 

                                                                   …………...Complainants

                                      Versus

1. The Owner/ Manager, The Chocolate Room, SCI-116, Urban Estate, Phase-2, Patiala, Punjab.
2. The Owner/Manager, The Chocolate Room, Headquarters: # 302, SS Plaza, Ravi Enclave Opposite Aparna Towers, Kondapur Hyderabad, Andhra Pradesh.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

PRESENT:                   Sh.H.P.S.Verma, counsel for complainants.

                             Opposite parties No.1&2 exparte.

         

                              

 

                                     

 ORDER                                          

1. The instant complaint is filed by Harish Kumar and another (hereinafter referred to as the complainant) against The Owner/ Manager, The Chocolate Room, (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. The averments of the complainants are as follows:
3. That on 7.8.2022, complainants No.1&2 alongwith their family friends visited restaurant/café of OPs for a meal. They ordered vegetarian meal, which was given to them vide bill No.INV3417 and Token No.4883 at 8:26:57PM.The above order included tandoori paneer and veg. sandwich. When ordered meal was served, complainants and their family friends observed they were served with Chicken Sandwich, which badly slackened the religious belief and sentiments of complainants and their family friends. They complained regarding the same to OP No.1 and its staff members but they instead of admitting their fault misbehaved with the complainants and their friends. The behaviour and attitude of OP No.1 and its staff members was totally unjustified, unexpected and unacceptable and falls within the four corners of deficiency in service on their part. Complainants also sent legal notice dated 19.9.2022  to OPs but of no avail. As such OPs are liable to be penalized. Consequently, prayer has been made for acceptance of complaint.
4. Notice of complaint was given to the OPs No.1&2. OP no.1’s staff refused to accept the notice and was accordingly proceeded against ex-parte. Notice issued to OP No.2 through registered post neither received back unserved nor anyone appeared to contest the complaint on its behalf. Thus, OP No.2 was also proceeded against ex-parte.
5. In evidence, complainants tendered in evidence their affidavits Exs.CA and CB, photograph of bill,Ex.C1, two photographs of disputed items,Exs.C2,  copy of legal notice,Ex.C3 and postal receipts, Exs.C4 &.C5.
6. We have heard the ld. counsel for the complainants and have also gone through the record of the case, carefully.
7. Complainants visited restaurant/café being operated by OPs on 7.8.2022 and ordered vegetarian meal, for which bill No.INV3417 for Rs.491/-,Ex.C1 was issued by the OPs. Grievance of the complainants is that the OPs instead of serving vegetarian meal had served non veg. sandwich, photographs of which are,Ex.C2.Complainants brought the matter to the notice of OPs immediately. Response of the OPs was negative. Complainants have alleged that because of serving of non veg. meal by the OPs their religious beliefs were hurt and have approached this Commission for compensation on account of mental agony, harassment and unprofessional services of the OPs.
8. The evidence adduced on record by the complainant remained un-rebutted as the OPs did not bother to appear to contest the complaint.
9. A perusal of the above clearly indicates that religious sentiments of the complainants were hurt as they were served non vegetarian meal against vegetarian meal ordered by them. Therefore, we find it a fit case of deficiency of service on the part of OPs leading to mental agony and harassment to the complainant.
10. Accordingly, the complaint is partly allowed and we direct the OPs to pay compensation of Rs.15000/- alongwith litigation expenses of Rs.5000/- to the complainant and also to refund the amount of Rs.491/- charged to them on account of above meal. Compliance of the order be made by the OPs within 30 days from the date of receipt of certified copy of this order, failing which they shall pay interest @9% per annum on the awarded amount from the date of order till realization.      
11.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President