Kerala

Trissur

CC/08/499

Muhammad Raphy.P.M - Complainant(s)

Versus

The Proprietor,Ullas Bhavan Hotel - Opp.Party(s)

Adv.A.D.Benny

30 Jan 2012

ORDER

Complaint Case No. CC/08/499   1. Muhammad Raphy.P.M Puthiyaveetil House,Valappad Thrissur Kerala ...........Complainant(s) Versus 1. The Proprietor,Ullas Bhavan Hotel Thriprayar Thrissur Kerala 2. The Managing Director LEGO Foods,24-60/9,1st floor,IDA,Uppal,Hyderabad-39 Andhrapradesh ............Opp.Party(s)

BEFORE:     HONORABLE Padmini Sudheesh PRESIDENT   HONORABLE Rajani P.S. Member   HONORABLE Sasidharan M.S Member

PRESENT: Adv.A.D.Benny, Advocate for the Complainant 1

ORDER     By Smt. Padmini Sudheesh, President:             The case of complainant is that the 1st respondent is conducting a hotel by name Ullas Bhavan Hotel and 2nd respondent is engaged in manufacturing and marketing toffees and other confectionary items. On 30.1.07 the complainant purchased some food items from the 1st respondent. An amount of Rs.2/- was to be paid back to the complainant as balance and there was no change to pay back the balance. So the 1st respondent sold four toffees which costs at the rate of 50 paise each. On reaching home after having the food the complainant put one from the above toffees into his mouth. He simply tried to crush the toffee with his teeth and toffee was cut into pieces and the complainant’s teeth struck on a metal screw concealed inside the toffee. Consequently the complainant’s one tooth was broken and caused severe damage to the other. He suffered a lot of pain, sufferings, mental agony and financial loss and the acts of the respondents are wrong and illegal. Hence the complaint.             2. The respondents are called absent and set exparte.             3. The evidence adduced consists of oral testimony of PW1 and Exts. P1 to P4.            4. It is the case that the complainant purchased some food items from 1st respondent and then an amount of Rs.2/- was there to be paid back and for that amount the 1st respondent given four toffees. Later the complainant put one toffee and tried to crush with his teeth it was cut into pieces and the complainant’s teeth struck on a metal screw concealed inside the toffee. His one tooth was broken and damage was caused to another tooth.    He has produced Ext. P1 photograph which would show the pieces of toffee and screw. He has also produced Ext. P2 prescription from the doctor in which the tooth complaint is mentioned. Since there is no evidence to the contrary the complaint is liable to be allowed.             5. In the result the complaint is allowed and the respondents are directed to pay Rs.5000/- (Rupees five thousand only) as compensation to the complainant with costs Rs.750/- (Rupees seven hundred and fifty only) within two months from the date of receipt of copy of this order. If the amount is not paid within the stipulated period the compensation amount will carry interest at the rate of 12% from today.                                        Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 30th day of January 2012.

[HONORABLE Padmini Sudheesh] PRESIDENT   [HONORABLE Rajani P.S.] Member   [HONORABLE Sasidharan M.S] Member