The Maze restaurant was ordered by the District Consumer Redressal Commission in Ernakulam to pay the complainant for both the poor service and the emotional anguish it caused her.
A restaurant was recently fined 40,000 by a Kerala consumer court for failing to deliver Onam sadya to the complainant’s flat on Thiruvonam day despite her having placed an advance order and paid for it [Smt Bindya V Suthan v. M/s Maze Restaurant].
The Maze restaurant was found to be liable to pay the complainant for her suffering, hardship, and financial loss by the District Consumer Redressal Commission, Ernakulam, presided over by President DB Binu and members V Ramachandran and Sreevidhia TN.
“Thiruvona Sadya is emotionally important to every Malayali. It might be exceedingly frustrating to have people over for “sadya,” wait a while, and not receive the “Special Onam Sadya” ordered. The complaining party is entitled to compensation from the opposing party (restaurant). Due to the other party’s negligence, the plaintiff undoubtedly experienced a great deal of inconvenience, mental anguish, suffering, financial loss, etc.The opposite party is required to pay 40,000 as compensation for the opposite party’s lack of service, as well as for the emotional anguish and physical suffering the complainant experienced, according to the judgement.
On the day of Onam, a woman complained to the consumer court that Maze Restaurant had failed to deliver pre-ordered and pre-paid sadya, for which she was demanding compensation.
According to reports, the Maze restaurant is a well-known multi-cuisine eatery that provides good food and rapid service.
The complainant asserted that the promise of a “Special Onam Sadya” on August 28, 2021, in the restaurant’s promotional brochure had seduced her.
After paying the full amount of 1295 in advance, the complainant made a reservation for five people at the Maze restaurant for a sadya. The restaurant employees informed the customer who made the complaint that the ordered sadya would be brought to her flat on Thiruvonam Day as soon as the order was accepted.
On Tiruvonam day, however, the food wasn’t delivered despite the fact that the complainant’s invited friends had already arrived by 1pm.
The customer’s calls and mails asking the restaurant why the food wasn’t delivered went unanswered. The complaint was mortified when the guests had to leave without receiving food following that. The complaint said that the restaurant didn’t bother to answer until approximately 6 o’clock, offering flimsy justifications, and also failed to return the advance payment.
The complainant then went to the consumer court to ask for a refund of the advance payment she had made as well as compensation totaling 50,000 for the lack of services and mental anguish.
Despite notice being served, the opposing party, Maze Restaurant, did not show up in court.
Advocates Rajesh Vijayedran and Asok Chacko Thomas defended the complainant.
After concluding that the complainant’s complaint had merit, the court issued an ex-parte decision requiring the restaurant to pay 1,295 as a refund for the money spent, 40,000 as compensation for the lack of service and mental anguish, and 5,000 as court costs.
SUBMITTED BY NEHA A. PARDESHI/4TH Year BLS LLB/TRCL
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