This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that the complainant is a resident of Flat 8, ‘Twilight’, Block-I, 169 B.P. Township, Kolkata – 700 094 and OP is in the business of restaurants and the complainant had availed the service of OP by booking a dinner arrangement on February 19, 2014 at OP’s Hotel and the party of 115 members of the complainant had dinner at OP’s Banquet Hall, Senate 1(1st floor) but after consuming the food provided by the OP’s hotel, 50 out of the attended members became seriously ill for the unhygienic food provided for which major health problem was caused to many persons of the said dinner party of the complainant.
Fact remains OP is legally bound to serve food which is fit for human consumption under the terms of the contract between the OP and consumer but OP’s failure to do so cause breach of the contract and there is deficiency in service as a result of which complainant is legally entitled to receive compensation from the OP for his pain and sufferings and also for his attended members of the said dinner and fact remains complainant spent huge money from his pocket for the treatment of those persons. Thereafter, complainant sent a letter to OP against which OP issued a reply on 16-06-2014 stating that the complaint of the complainant is baseless. Thereafter, complainant sent a letter on 28-05-2014 stating deficiency in service but OP did not pay any heed to for which the complaint is filed by the complainant praying for compensation to the extent of Rs.50,000/- for negligent and deficient manner of service and also for supplying such unhygienic and unhabitable food for the said dinner after payment of huge money of the complainant.
By filing written version OP stated that the complaint is totally based on false and concocted story of providing unhygienic food by the OP and OP also denied and disputed all the allegations made in the complaint.
Further OP stated that on 16-02-2014 a contract for booking the banquet hall in the first floor known as Senate –I, was signed by and between the complainant and the OP for the purpose of a wedding party on 19-02-2014 and expected guests was stated to be 100 and the rate of each dish including taxes and other charges was totaling Rs.1,152/- per head. Subsequently the number of guests exceeded the list of 100 heads and in fact, total number of guests was 115. Accordingly, the foods and other allied materials were supplied to the guests on the night of 19-02-2014 and the bill was paid by the complainant. In fact, on that night neither the complainant nor any of the guests who enjoyed the food had any grievances on that occasion and none were dissatisfied. But altercation took place on account of the supply of foods for extra 15 guests beyond the listed guests supplied at the time of reservation of Banquet venue. OP denied that 50 members of the complainant’s party become seriously ill after consuming the foods provided by the hotel of the OP or that the unhygienic foods were served at the dinner party which caused major health issues for the guests. No doubt it is a false case because out of so called 50 victims guests only 8 prescriptions have been furnished by the complainant and that is incident of stomach troubles which took place after two days from the date of reception party held on the night of 19-02-2014. It would be further evident that some of the persons were treated by one Dr. T.K. Ghosh who is a Homoeopath and all the prescriptions furnished by the complainant related to complainant’s family member. It might be caused to take unhygienic food during the next two days i.e. 20th and 21st February, 2014. Besides that foods supplied by the OP during the reception party was duly tested by Mrs. Bandana Basu, certifying the quality and taste of the food as good one but this fact has been intentionally suppressed by the complainant. It is categorically denied that the OP failed to serve the goods fit for human consumption or that the OP committed breach of contract or that there was any deficiency of service on their part. There is no question of compensation for his pain and suffering loss of earning and out of pocket expenses.
OP also stated that besides the foods served by the OP during dinner at the “Oceanic Restaurant” of the OP on the same day did not cause any such incident of stomach trouble of the guests nor any complaint was made by the guests. Hence, the allegations made therein are denied and disputed.
It is also stated that against of complainant’s letter OP replied that the allegations of the complainant were totally baseless and false. So, it is irrelevant to state that the complainant is entitled to any compensation regarding his imaginary complaint made with mala fide intention and for wrongful gain of the complainant and so, all the allegations made by the complainant are completely baseless and uncalled for, for which the OP prayed for dismissal of the case.
Decision with Reasons
On proper appreciation of the fact of the complaint including the written version and also the materials on record and further relying upon the arguments as advanced by both the parties it is found that it is an undisputed fact that complainant booked the Banquet Hall of the complainant which is known as Senate-I on the occasion of wedding reception of Chiranjib and Nilanjana and according to contract signed by and between the complainant and OP on 16-02-2014 number of expected guests were 100 and rate of total price of per dish was Rs.1,152/- per head. No doubt OP supplied foods with other allied materials on 19-02-2014. Accordingly, food dishes were supplied to the complainant what they consumed.
But the main contention of the case is that out of the 115 guests 50 guests after taking meal and returning their houses suffered from vomiting and loose motion etc. and they had been treated by the different doctors and fact remains the cause of their trouble was due to supply of unhygienic food.
OP in this context and their Ld. Lawyer tried to convince that the guests after taking meal were satisfied and they represented that the dishes were very palatable, they ate the foods to their heart’s content and no guests expressed their any sort of dissatisfaction so the allegation of the complainant that 50 guests suffered from loose motion and vomiting is completely false and fabricated but due to some altercation in between the complainant and the OP regarding supply of extra 15 dishes complainant did not agree to pay but OP demanded it and thereafter complainant became furious and filed this case but after hearing the Ld. Lawyers of both the parties and further considering the some treatment sheet it is found that one Chiranjib Ray aged about 44 years on 21-02-2014 was examined by Dr. Alok Kr. Banerjee, M.B.B.S. and it was found that he suffered from loose motion and acute dysfunction of the stomach and another Deboshmita Ray aged about 70 years also suffered from same problem i.e. loose motion and vomiting etc. and they both were examined by Alok Kr. Banerjee on 21-02-2014. From another prescription dated 20-02-2014 it is found that after attending reception loose motion with acute diarrhoea from 2.00 p.m. with uneasiness of stomach was found and he was Ashok Ray who was examined by Dr. T.K. Ghosh. Further Ratna Ray also suffered from same type of dysfunction of stomach and loose motion, vomiting etc. after attending the said wedding ceremony and she was examined on 20-02-2014 by T.K. Ghosh and one Nupur Ray on 22-02-2014 who also suffered from vomiting and loose motion after taking dinner in the reception party and she was examined by Dr. Sinha. One Papiya Mahindra also suffered from similar type of loose motion and vomiting and treated by Dr. Kaushik Majhi on 21-12-2014, another Arpan Mahindra was also examined by Kaushik Majhi for same problem on 21-12-2014 and consider all these prescriptions it is clear that just after attending the wedding ceremony and taking the meal in the wedding ceremony they all suffered from such problems i.e. vomiting and loose motion but OP has tried to convince that it was caused due to gastroenteritis problem but OP has failed to prove by any cogent document or by producing any further report that the said guests had been suffering gastroenteritis diseases so, actually in the eye of law such a defence of the OP cannot be believed when admitted position is that they suffered from vomiting and loose motion and OP has denied that it was caused due to their gastroenteritis problem etc. No doubt OP has tried to prove that on 19-02-2014 some invitees of the complainant after taking meal put their remark that food was good, taste was good, quality was good etc. but no doubt after considering the annexure-C as filed by the OP it is found that there is no such certificate granted by any of the invitees in respect of the fact that the food were good and tasty. On the other hand, it is proved after considering the medical papers that at least 8 to 10 persons suffered from loose motion and vomiting after taking the meal what is well proved from the prescriptions and examination report made by the different doctors on the next date. Regarding those documents the prescriptions OP has tried to convince that same are all fake and procured falsely and further it is submitted that those persons never appeared before this Forum. But considering the entire facts and materials it is found that if actually the food was with good quality and habitable in nature in that case more than 8 persons must not have to suffer from same diseases. Regarding that fact OP has nothing to say in view of the fact OP has not placed any such document that they suffered from pre-existing sufferings for which after taking meal they failed to digest for which they suffered from such diseases. Anyhow, Ld. Lawyer for the OP has tried to convince that complainant has not made any pathological report sodas of stool and vomiting conformity that the loose motion was occurred for some unhygienic food supplied by the OP on 19-02-2014 and that plea was also taken by the OP in written statement. OP has not denied that some of the invitees in the wedding receptions who took the food supplied by the OPs found seriously ill and they suffered from vomiting and loose motion but their only allegation is that sodas of stool and vomiting conformity report is not submitted. No doubt such defence of the OP is completely a baseless and which cannot be taken into account by this Forum. In view of the above fact it is found such sort defence has been by the OP in some cases everywhere. But truth is that complainant has proved that after taking the said meal supplied by the OP complainant’s invitees suffered from similar sufferings and they were treated by different doctors on different places but fact remains invariably there was some food as supplied were unhygienic in nature and for which the participants in the dinner suffered from diarrhoea and also vomiting etc. When that is the fact then invariably in the present case complainant has been able to prove the deficiency of service on the party of OP beyond any manner of doubt and it is also proved beyond any manner of doubt that for supplying unhygienic food by the OP the guests who participated in the said dinner suffered from diarrhoea and nausa including loose motion and that is proved by so many doctors’ prescriptions issued by different doctors. Most interesting factor is that OP has admitted the sufferings of the guests of the complainant but they only claimed that the pathological test of sodas of stool and vomiting conformity is not produced but it is not required in the eye of law when so many persons suffered from same symptoms after taking same meal on the very date of wedding reception held in the Senate Hall – I of the OP and considering that fact we are convinced to hold that there was deficiency, negligence on the part of the OP when entire amount of the said dishes was paid by the complainant and most interesting factor is that the price of per plate was Rs.1,152/-. So, invariably the complainant cannot expect that after taking such dishes renowned, prestigious guests shall have to suffer from similar type of diseases like vomiting, loose motion etc. In view of the above reasons it is simply proved that the dishes supplied by the OP was completely below the standard and was unhygienic food for which the guests of the complainant suffered in such a fashion. In fact, there is no material on record that these guests and invitees who attended in the said wedding receptions ceremony were all suffering from gastroenteritis problem prior to taking such meal. In view of the above facts and circumstances and also considering the present defence of the OP and also the materials on record we are convinced to hold that unhygienic food were supplied by the OP intentionally even after tasting on 19-021-2014 on night hours to the guests of the complainant only to make profit without considering health hazard of the attended guests.
No doubt the OP has tried to convince that there was previous friction with the OP regarding 15 plates and non-payment of the bill as alleged by the OP is a false story because OP has failed to prove that story whatsoever. No doubt, OP has tried to prove that the complaint was filed with a purpose of defaming the present OP and his concern who are well-known in the market for their such sort of business. Fact remains at least 8 persons suffered from vomiting, loose motion etc. after taking the meal and this factor simply proves that due to unhygienic food those sufferings occurred which is no doubt negligent and deficient manner of service and no doubt for such they suffered pain and sufferings and for the above reasons complainant is entitled to get compensation because after spending huge money for such dishes to the OP, OP did not supply habitable food to the guests for which the complainant has suffered mentally and also lost huge money only for the negligent and deficient manner of service of the OP and there is no defence of the OP that complainant has not yet paid any amount and in the above circumstances, the allegation as made by the complainant is proved beyond any manner of doubt against OP.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest with a cost of Rs.10,000/- against the OP.
OP is hereby directed to pay a sum of Rs.30,000/- as compensation to the complainant for causing mental pain and agony and also for OP’s negligent and deficient manner of service as provided to the complainant on that date i.e. on the said wedding reception ceremony on the night of 19-02-2014.
OP is hereby directed to pay the sum within 15 days from the date of this order along with litigation costs i.e. total Rs.35,000/- failing which for non-compliance of the Forum’s order penal interest at the rate200/- per day shall be assessed till full satisfaction of the decree and if penal interest is collected in that case it shall be deposited to the Forum’s account.
OP is directed to comply the order very strictly and in case of disobeyance and non-compliance of the Forum’s order proceeding u/s.27 of the C.P. Act shall be proceeded against them for which they should further be penalized and fine may be imposed.
