Haryana

StateCommission

A/644/2015

DOMINO PIZZA - Complainant(s)

Versus

UTKARSH - Opp.Party(s)

S.S.RANDHAWA

21 Aug 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA.

 

                                                First Appeal No.644 of 2015

                                                          Date of Institution: 31.07.2015                         Date of Decision: 21.08.2015

 

1. Domino Pizza Shop No.G-36, 36A, G-38 & 39, Multiplex Mall, Sector-3, Rohtak.
2. Jubilant Food Works Ltd. Plot No.214, Block No.B, Phase II, Gautam Budh Nagar, Noida, UP

 …..Appellants

                                      VERSUS

1. Utkarsh S/o Dr.Kundan lal
2. Dr.Kundan Lal S/o Sh.Bhalle Ram

Both residents of H.No.227-B, Model town, Medical Mor, Rohtak.

     …..Respondents

CORAM:             Mr. R.K.Bishnoi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.                                   

For the parties:  Mr.S.S.Randhawa, Advocate counsel for the appellants.

 

O R D E R

 

R.K.BISHNOI, JUDICIAL MEMBER :-

It was alleged by complainant No.1 that he ordered pizza online to opposite party on 08.53 p.m., but, the same was delivered to complainants at 9.25 P.M. and same was consumed by them.  After some hours there was severe pain in stomach and started vomiting at about 1.00 a.m. and blood in stool and their condition was deteriorated.  In the morning they went to PGIMS, Rohtak for treatment and doctor opined that due to food poisoning they were having this problem. Doctor prescribed some medicines and advised bed rest for some days. They took medicines regularly and after 3-4 days their condition improved. They fell ill due to food poisoning on account of supply of non- hygienic and inferior quality food.  Intimation was given to the O.Ps., but, they did not pay any heed.

2. O.P. filed reply admitting that the they were authorized franchisee of the Pizza. They denied allegations about complainant’s stomach pain and vomiting at about 1.00 A.M. and blood in stool  or that their condition deteriorated with every minute.  The pizza was hygienic and of good quality.  Appellant requested to dismiss the complaint.

3.      After hearing both the parties learned District Consumer Disputes Redressal Forum, Rohtak (In short “District Forum”)  allowed the complaint vide impugned order dated 30.06.2014 and directed as under:-

“It is directed that opposite parties shall pay the lump-sum compensation of Rs.10000/- (Rupees ten thousand only) to the complainants on account of  mental agony, harassment and unwarranted litigation suffered by the complainants.”

4.      Feeling aggrieved therefrom, O.P. has preferred this appeal.

5.      Arguments heard.  File perused.

6.      Learned counsel for O.Ps.-appellants vehemently argued that learned District forum wrongly came to conclusion that there was deficiency in service on the part of the O.Ps. in serving unhygienic/inferior quality of food to the complainants.  They further argued that pizza was not unhygienic and of inferior quality, so impugned order be set aside and complaint be dismissed.

7.      Perusal of the file shows that as per Affidavit of Dr. H.K. Aggarwal Sr.Professor, PGIMS, Rohtak, complainants were admitted in OPD on 11.05.2013 due to loose motion, blood and severe cramps. Doctor further stated in his affidavit that the above said problem occurred after consumption of pizza.  When the entire staff was consumed there was no question of sending the same for testing. It is clear cut case of deficiency in service on the part of the O.Ps.

8.      Learned District Forum rightly allowed the complaint of the complainant.  Impugned order is well reasoned based on law and facts and cannot be disturbed. Hence the appeal is hereby dismissed in limine.

9.      The statutory amount of Rs.5000/- deposited at the time of filing of the appeal be refunded to the appellants against proper receipt and identification.

August 21st, 2015

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.