Consumer Laws "Malayalis emotionally attached to Onam Sadya": Kerala Consumer Court awards ₹40K compensation for restaurant's failure to deliver sadya
Consumer laws in India are not taken seriously either due to lack of knowledge or just ignore it and move forward attitude.This is one area of law, where filling of complaints is easy and simple and can be taken up without an advocate.If it is taken seriously, simply the results are astounding as here in the case of Kerala Consumer judt after famous cold drink judgment.A Kerala consumer court recently awarded ₹40, 000 as compensation for failure by a restaurant to deliver Onam sadya to the complainant’s flat on Thiruvonam day even though she had ordered and paid for the same in advance [Smt Bindya V Suthan v M/s Maze Restaurant].The District Consumer Redressal Commission, Ernakulam, presided over by President DB Binu and members V Ramachandran and Sreevidhia TN held that Maze restaurant was liable to compensate the complainant for deficiency in rendering service and also for mental agony, hardship, and financial loss, caused to her."Every Malayali has emotional attachment to Thiruvona Sadya. Having invited guests for ‘sadya’ and waiting for a long time and not getting the ‘Special Onam Sadya’ ordered is very frustrating. The opposite party (restaurant) is liable to compensate the complainant..Naturally, the complainant had suffered a lot of 7 inconvenience, mental agony, hardships, financial loss, etc. due to the negligence on the part of the opposite party...The Opposite Party shall pay ₹40,000 towards compensation for the deficiency of service committed by the opposite party, and for the mental agony and physical hardships sustained by the complainant,” the order stated.The consumer court was considering a complaint filed by a woman seeking compensation from Maze Restaurant for the deficiency in service for failure to deliver pre-ordered and pre-paid sadya on the day of Onam.Maze restaurant is stated to be a reputed multi-cuisine restaurant offering quality food and prompt services.The complainant claimed she was lured by the advertisement brochure of the said restaurant regarding the supply of ‘Special Onam Sadya’ on Thiruvonam of 2021, August 28.The complainant booked sadya from Maze restaurant for 5 persons after paying the entire amount of ₹1295/- in advance. While accepting the said order, the complainant by the restaurant staff that the sadya booked would be delivered to her flat on Thiruvonam day.However, on Tiruvonam day, even after the guests invited by the complainant had arrived by 1pm, the food wasn’t delivered.The restaurant did not answer any of the calls or messages of the complainant regarding why the food wasn’t delivered.Thereafter, the guests of the complainant had to leave without having food, leaving the complainant embarrassed.The restaurant cared to respond only around 6 pm, putting up lame excuses and also didn’t refund the advance money, the complaint stated.This prompted the complainant to approach the consumer court seeking a refund of the advance money paid by her and compensation to the tune of ₹50,000 for the deficiency of services and mental agony.The opposite party, Maze restaurant, did not appear before the court despite the service of notice.Finding merit in the case of the complainant, the court issued an ex-parte order directing the restaurant pay ₹1,295 as refund for the amount paid, ₹40,000 as compensation for deficiency in service and mental agony, and ₹5,000 towards cost of the proceedingsDr. Ajay Kummar Pandey
( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )Advocate & Consultant, Supreme Court of India & High Courts4C Supreme Law International, Delhi, NCR. Mumbai & DubaiTel: M- 91- 9818320572. Email: editor.kumar@gmail.comWebsite: www.ajaykr.com, www.4Csupremelawint.com
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