Dead Fly In Biriyani: Puducherry Consumer Commission Holds Restaurant Liable, Awards Compensation, Orders 10 Free Biriyani Plates
The District Consumer Disputes Redressal Commission, Puducherry, comprising Shri S. Mouttouvel (President), Smt. A.S. Suvitha (Member) and Shri G. Arumugam (Member), held Briyani & Co. liable for deficiency in service for serving contaminated and unsafe food after a consumer allegedly discovered a dead insect in the biriyani served at the restaurant.
Brief facts
The complainant, P. Sundarakumara Manikandan, along with his friend Mohammed Niyasudeen, visited Briyani & Co. restaurant at M.G. Road, Puducherry, on December 8, 2025, where they purchased and consumed different varieties of chicken biriyani after paying a bill of ₹558. While consuming the food, the complainant allegedly discovered a dead insect inside the biriyani, which he claimed showed that the food had been prepared and served in a highly unhygienic and unsafe manner.
According to the complainant, he immediately recorded photographic and video evidence of the contaminated food, which allegedly showed the dead insect inside the biriyani. He contended that serving contaminated food amounted to deficiency in service, sale of hazardous and unsafe food, and violation of the Food Safety and Standards Act, 2006.
The complainant further alleged that due to the negligence of the restaurant, he suffered mental agony, shock, fear of health complications, and loss of trust as a consumer. Thereafter, he issued a legal notice to the restaurant seeking compensation and corrective measures. The restaurant, in its reply to the legal notice, denied the allegations and failed to provide satisfactory relief.
Aggrieved, the complainant approached the District Consumer Disputes Redressal Commission, Puducherry, alleging deficiency in service and unfair trade practice.
Despite service of notice, Briyani & Co. failed to appear before the Commission or contest the proceedings. Consequently, the matter proceeded ex parte against the restaurant.
Observations and Decision
The Commission observed that the complainant had successfully established that the food served by Briyani & Co. was contaminated and unsafe. The Commission relied upon the photographic evidence and video recording produced by the complainant, which clearly revealed the presence of a dead insect in the biriyani. It held that serving contaminated food reflected gross negligence in maintaining hygienic standards and amounted to deficiency in service under the Consumer Protection Act, 2019.
The Commission further noted that despite receiving notice, the restaurant failed to appear or contest the proceedings, leading to an adverse inference against it. It also observed that while the restaurant had denied the allegations in its legal reply, it had acknowledged and apologized for the incident in a Google review response, thereby undermining its own defence.
Accordingly, the Commission partly allowed the complaint and directed Briyani & Co. to pay ₹10,000 as compensation for deficiency in service and mental agony suffered by the complainant, along with ₹3,000 towards litigation expenses. The restaurant was also directed, as a goodwill measure, to provide the complainant with 10 plates of freshly prepared Hyderabadi Chicken Biriyani free of cost over five consecutive Sundays in compliance with food safety standards.
Case Title: P. Sundarakumara Manikandan v. The Proprietor, Briyani & Co.
Case No.: CC/15/2026