Restaurant Gets 35 K Fine Over Non-Delivery Of Pickle Which Caused 'Mental Agony' To Customer
The court noted that the restaurant's action was equivalent to deficiency in service which caused physical hardship and mental agony to the customer.
In a recent order, a Consumer Court in Tamil Nadu's Villupuram has ordered a restaurant owner to pay Rs 35,000 to a customer as compensation and litigation cost over not delivering the promised pickles with the food order worth Rs 2000. The court also directed the restaurant owner to refund Rs 25 (cost of pickle) to the customer who had ordered food for 25 people for a death anniversary of his relative.
The court noted that the restaurant's action was equivalent to deficiency in service which caused physical hardship and mental agony to the customer. The court further found that the restaurant did not issue a receipt for the 25 meals purchased by the aggrieved customer.
"...it is crystal clear that after receiving payment of Rs.2000/- towards parcel meals which includes the price of pickle as per Ex.A1, the act of the opposite party of not delivering pickles for 25 meals, and also not issued receipt for purchase of meals for Rs.2000/- amounts to deficiency in service. Due to the act of the opposite party the complainant suffered mental agony is also acceptable," the order read.ant.
The court slapped a fine of Rs 30,000 along with a litigation cost of Rs 5000 on the restaurant.
In November 2022, C Arokiasamy had moved the consumer court against Hotel Balamurugan.
The meal was to be served to 25 persons on the 1st death anniversary of his deceased relative. Before making the purchase, the complainant was informed that the meal would include White rice, Sambar, Kara Kuzhambu, Rasam, Buttermilk, Koottu, Poriyal, Appalam, Pickle, Large size Banana Leaves and a Cover.
The complainant placed the order by paying Rs 80 per meal for 25 meals in total.
The complaint alleged he faced humiliation and embarrassment over lack of pickles in the meal. When he raised a complaint to the restaurant for pickles, they accepted the mistake and assured to deliver the same. However, by the time the promised pickles arrived, all the guests had finished their lunch, and so the complainant did not accept the pickles.
"During oral communication while ordering the meals, the opposite party informed that they will deliver 25 packets of pickle with cost of Rs.1/- per pocket. Immediately when the complainant approached the opposite party about the non delivery of the pickle, they accepted their mistake and assured to deliver the pickle, so that he could serve the guests. But meanwhile all the guests finished their lunch. Therefore the complainant refused to take delivery of the pickle since it is not needed and requested the opposite party to repay Rs.25/- paid by the complainant towards pickle. But he refused to repay the said amount," the order noted.
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