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Judgment
VIDE impugned order dated 23rd November, 2005 the appellant has been directed to refund Rs. 65 towards the cost of the salad purchased by the respondent from the premises of the appellant who is engaged in the business of manufacturing and sale of eatables and Rs. 5,000 as compensation for the mental agony suffered by the respondent for having not been served the salad and Rs. 500 as cost of litigation.
FEELING aggrieved, the appellant has preferred this appeal. Admittedly on 4th July, 2004 at about 9. 00 p. m. the respondent visited the premises of the appellant for purchase of salad by paying Rs. 65 against coupon. There were about 18-20 bowls containing different items which the appellant was supposed to serve the customers turn by turn. According to the respondent he was not entertained by the person at the counter whereas different persons were delivered eatables. The eatables from 5-6 bowls were exhausted and they were empty. The matter was reported to the cash counter and was informed that due to rush it normally happens. Coupon was handed over at the counter and later on the respondent decided not to take the salad as they distributed incomplete goods.
As is apparent from the facts the only allegation against the appellant is that the person at the counter did not entertain him whereas other persons were being entertained. Even if the allegation is accepted, still the compensation awarded by the District Forum on higher side as in terms of Section 14 (1) (d) of the Consumer Protection Act a consumer is entitled to an amount as compensation as to the actual loss suffered and mental agony and harassment suffered by him. It is not the case where a defective food was served. It is a case of deficiency in service in not properly entertaining the consumer at the counter.
HOWEVER, taking over all view of the matter, we deem that compensation of Rs. 500 would meet the ends of justice. Appeal is partly allowed to the aforesaid extent.
PAYMENT shall be made within one month from the date of receipt of this order. F. D. R. /bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal partly allowed.