District Consumer Disputes Redressal Commission (DCDRC), Bangalore: While considering the instant complaint wherein complainant was given Biryani Rice instead of Chicken Biryani for which he had paid, by a hotel and had sought direction for the hotel owner to refund the amount of Rs.150 paid towards Chicken Biryani and to pay sum of Rs. 30,000 as compensation; the Bench of M. Shobha (President), K Anita Shivakumar* and Suma Anil Kumar (Members) emphasised that the act of opposite party in a situation of inconvenience wherein the complainant was unable to prepare food at home without gas cylinder, definitely caused mental agony to the complainant and his wife. Hence the Commission found the opposite party liable and directed them to refund the price of Chicken Biryani and compensation of Rs 1,000.
Background: The complainant went to Hotel Prasanth on the evening of 02-04-2023 with his wife to get their dinner parcelled as their LPG cylinder had run out of gas. He paid Rs. 150 and ordered a Chicken Biryani. However, when he brought the packed parcel of Chicken Biryani to home and opened it, he found that the parcel contained only biryani rice without any pieces of chicken in the biryani, and he had ordered to eat and paid for chicken biryani rather than biryani rice.
He immediately the brought the discrepancy to the notice of the hotel owner by calling on the phone number which was mentioned in the receipt. There was no response for the first time; however, later a person picked the call and assured that the said Chicken Biryani will be sent to them within 30 min if they send their location.
As agreed, the complainant, sent his location to the hotel and waited for the chicken biryani, but the hotel did not send Chicken Biryani. With no other option at the late hours, complainant and his wife had to consume the available biryani rice.
The complainant thus alleged that he paid Rs 150 to eat chicken biryani but the same was not delivered to him which caused him great mental agony, and which also amounts to deficiency in service. He sought refund of the amount paid for the biryani and compensation of Rs 30,000.
Commission’s Assessment: Upon perusing the complaint, facts, picture of the chicken biryani left at the hotel counter which was supposed to be sent to the complainant and the receipts, the Commission stated that these evidence are pointing out that the hotel knowingly or unknowingly committed mistake and sent a wrong parcel to complainant but received the amount for Rs.150/- towards Chicken Biryani but sent normal rice, is unjust and unfair.
Furthermore, the Commission pointed out that if the opposite party had been genuine in their attitude, then they could have sent the Chicken Biryani to the complainant after the error came to their notice, but the same was not done.
Hence, Commission held that the opposite party is liable to refund Rs.150 collected towards the biryani and compensation of Rs.1,000 towards mental agony caused to the complainant and his wife.
[Krishnappa. N v. Owner, Hotel Prasanth, CC/180/2023, decided on 05-10-2023]
*Order by K Anita Shivakumar, Member
Advocate who appeared in this case :
Complainant in-person
