Chandigarh

DF-I

CC/706/2019

Anil Saini - Complainant(s)

Versus

Zomato Media Pvt. Ltd. - Opp.Party(s)

Ajay Singh Rawat

22 Jul 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

                               

Consumer Complaint No.	:	CC/706/2019
Date of Institution	:	15/07/2019
Date of Decision	:	22/07/2019

 

 

Anil Saini s/o Sh. Banwari Lal Saini, resident of House No.328, Sector-22/A, Chandigarh.

… Complainant

V E R S U S

1.     Zomato Media Pvt. Ltd., Corporate Office, SCO 201, Second Floor, Inner Market, Sector 7-C, Chandigarh 160019 through CEO Deepinder Goyal.

2.     Shahi Chicken Corner, Shop No.2235, Near Govt. School, Mariwala Town, Adarsh Nagar, Manimajra, Chandigarh-160101 through its Proprietor/ Manager.

… Opposite Parties

CORAM :	SHRI RATTAN SINGH THAKUR	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

                                                                     

PRESENT

:

Sh. Ajay Singh Rawat, Counsel for complainant

 

Per Rattan Singh Thakur, President

1.         The long and short of the allegations are, on 2.2.2019 at about 8.30 p.m. the complainant placed an order of food from OP-2/restaurant through OP-1/ Zomato application and an amount of Rs.160/- was paid through Paytm. The food was delivered and the moment box of chicken biryani was opened, the rice was found stale and food was emanating foul smell and was not worth eatable.  Though, chicken biryani was not consumed, but, the butter mashroom masala and dal makhni were consumed and after some time the complainant started vomiting. OP-1 was informed but it refused to collect the food item and transferred the amount of Rs.160/- into the account of complainant of Zomato application.
2.         On the next day, the complainant got himself checked from Dr. Mahajan at Sector 23, Chandigarh and some medicines were prescribed, but, the health of complainant did not improve.  An email was sent to OP-1 and since there was no improvement then on 7.2.2019 complainant went to Civil Dispensary of Hon’ble Punjab & Haryana High Court, Chandigarh where he was diagnosed to be suffering from food poisoning and prescribed some tablets.  Hence, there was deficiency in service as well as unfair trade practice on the part of the OPs and prayer was made for refund of Rs.160/- in the bank account of the complainant, pay compensation of Rs.1,00,000/- and Rs.12,000/- as litigation charges. 
3.         We have heard the learned counsel for the complainant on point of admission of consumer complaint.
4.         Per one sided averments made and the documents adduced on record, it is the admitted case that, complainant himself found the rice of the chicken biryani stale, but, he opted to eat the butter mushroom masala and dal makhni.  If the complainant had suspicion regarding the article being stale, he should not have opted to consume butter mashroom masala and dal makhni as well.  It is not the case, the complainant was not aware of the food item supplied statedly being stale.
5.         It is also the admitted case, on communication being made, an amount of Rs.160/- was transferred by the OPs in the Zomato account of the complainant.  The complainant accepted it happily, therefore, now he is estopped to raise the protest that the amount ought to be transferred in his bank account.  If it was so, then the complainant should have protested the transfer of this amount in the account of Zomato application.  It is his own money and at his disposal. Under these circumstances, since the amount was accepted, may be in Zomato application, but admittedly belonging to the account of the complainant, he is now estopped to raise this plea that dangerous food was supplied to him.
6.         Perusal of the record further shows, complainant was administered medicine on the very next day on 3.2.2019 at the clinic of Dr. Mahajan at Sector 23, Chandigarh.  However, the record of clinic of Dr. Mahajan has not been produced which could have highlighted disease of the complainant had nexus with the food supplied and allegedly consumed by the complainant.  No reasons explained why this record has not been submitted.
7.         The complainant has submitted one prescription slip dated 7.2.2019 while the date of consumption of the food article is 2.2.2019 and the said prescription slip is after five days.  If the infected food was supplied and there was vomiting that itself shows, bacteria had multiplied in the mouth or to say gastrointestinal region.  Perusal of the medical record dated 3.2.2019 of Dr. Mahajan’s clinic was necessary and it is now an uphill task to link up the alleged history of 7.2.2019 with the food consumed as it was after a period of five days.  Not only this, even the perusal of paragraph No.11 of the consumer complaint shows, complainant got himself checked in Civil Dispensary of Hon’ble Punjab and Haryana High Court, Chandigarh and the outdoor slip is Annexure C-4 which shows of food poisoning.  It is not case, from 2.2.2019 till 7.2.2019 the complainant did not consume any food except which was supplied by the OPs.  Hence, this diagnosis of food poisoning dated 7.2.2019 apparently could not be linked with the food consumed on 2.2.2019. 
8.         It was argued the complainant happened to be an advocate and, therefore, he is well versed of the legal complications.  He had the option to get analysed the chicken biryani as well as butter mashroom masala and dal makhni from the Public Analyst in order to establish consumption of the said material could be hazardous to life and safety which was offered for sale to the public by the OPs.  However, there is no such expert opinion and even the reasons for not getting it analysed from the Public Analyst not disclosed.
9.         Cumulative effect of the aforesaid discussion is, this consumer complaint is not admitable and we proceed to dismiss it at preliminary stage
10.         The certified copies of this order be sent to the complainant free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
22/07/2019	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
hg	Member	Member	President