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The Ernakulam District Consumer Disputes Redressal Commission in Kerala has slapped a fine of ₹40,000 as compensation for serving contaminated food during a wedding reception leaving the petitioner down with food poisoning.
The commission comprising president D.B. Binu and members V. Ramachandran and Sreevidhia T.N. issued the verdict on a petition filed by one Unmesh V., a civil excise officer from Koothattukulam, by arraigning St. Mary’s Catering at Koothattukulam as the first opposite party.
The complainant attended a wedding reception party at a church auditorium near Koothattukulam on May 5, 2019. Later that night, the complainant experienced severe stomach discomfort and frequent loose bowel movements, leading him to seek medical attention at Devamatha Hospital, Koothattukulam. His condition was diagnosed as infective diarrhoea, and he was then hospitalised at Caritas Hospital, Kottayam, for three days, incurring treatment expenses of ₹11,845.
Inspection at unit
Several other attendees also allegedly suffered diarrhoea and vomiting, prompting an inspection of the catering unit by the Koothattukulam municipality’s health wing.
The petitioner claimed that he had to take leave for a week, causing him mental anguish and hardship. The complainant argued that the supply of contaminated and unsafe food constituted a deficiency in service and unfair trade practices.
The complainant had approached the commission seeking ₹50,000 as compensation for the mental agony, financial loss, and hardship. The petitioner contended that the opposite party had a duty to supply safe food and the failure to do so constituted a deficiency in service.
Despite appearing before the commission, the opposite party did not provide any response. The evidence presented included an ex parte proof affidavit filed by the complainant, and it was unchallenged by the opposite parties.
“The opposite parties, despite being served with the notice, did not challenge the allegations made by the complainant. This conscious failure to file their written version is considered an admission of the allegations against them,” the commission observed.
Consequently, the commission ordered the catering unit to pay ₹30,000 as compensation for the deficiency in service and unfair trade practices committed by them, as well as for the mental agony, physical hardship, other damages, including loss of work, and inconvenience caused to the complainant.
Besides, the opposite parties have also been asked to pay ₹10,000 towards the cost of the proceedings.
