Recently, the Consumer court in Kerala awarded the amount of ₹40,000 as compensation to the complainant as the restaurant failed to deliver, Onam Sadya.
The bench of 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.
Case Brief
In the said matter, a woman has filed a Complaint, against the restaurant named Maze, since the restaurant failed 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’ The complainant ordered 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 1 pm, 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.
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 service of notice.
Finding merit in the case of the complainant, the court issued an ex-parte order directing the restaurant to pay ₹1,295 as a refund for the amount paid, ₹40,000 as compensation for deficiency in service and mental agony, and ₹5,000 towards the cost of the proceedings.
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