Kerala Consumer Commission Orders 40K Compensation For Guest Who Suffered From Food Poisoning After Eating At Wedding Reception

The District Consumer Disputes Redressal Commission at Ernakulam recently directed a food catering service to pay a compensation of Rs. 40,000/- to a complainant who got afflicted with food poisoning, after consuming unsafe food served at a wedding reception. 

The Bench comprising President D.B. Binu and Members V. Ramachandran and Sreevidhia T.N. found that the complainant endured significant inconvenience, mental distress, hardship, and financial loss due to the negligence of the caterers, which amounted to deficiency in service.

The complainant alleged that he experienced severe stomach discomfort and frequent loose bowel movements, after consuming the food served by the Opposite party caterers at a wedding reception.

He averred that he was subsequently diagnosed with diarrhoea and hospitalized for three days, thereby incurring Rs. 11,845 as treatment expenses. The complainant added that other attendees at the wedding also suffered from diarrhoea and vomiting after the event. 

He thus alleged that the supply of contaminated and unsafe food constituted a deficiency in service and unfair trade practice and sought Rs. 50,000/- as compensation. 

The Bench took note of the decision of the National Consumer Redressal Commission in Yum Restaurants (India) (P) Ltd. v. Kishan Hegde (2020) wherein it had been laid down that if an affidavit had been filed by a consumer alleging that the food served to him was rotten or stale, the affidavit by itself would be sufficient to discharge the initial onus on the consumer. 

Ascertaining that the act of the Opposite Party caterers in serving unsafe food amounted to deficiency in service, the Commission thereby directed it to pay Rs. 30,000/- as compensation, and Rs. 10,000/- towards the cost of proceedings.

Counsel for the Complainant: Advocate Tom Joseph

Case Title: Unmesh V. v. Vijayan George & Anr. 

Case Number: C.C. No.318/2019

Click Here To Read/Download The Order