'Every Malayali Has Emotional Attachment To Sadya': Kerala Consumer Court Orders ₹40K Compensation Over Restaurant's Failed Delivery On Thiruvonam
A consumer court in Kerala recently directed a restaurant to pay Rs. 40,000/- as compensation for failure to deliver Onam Sadya on Thiruvonam day.The case of the complainant was that she had invited guests and ordered sadya for 5 persons to be delivered to her house on Thiruvonam day from a multi cuisine eatery by the name of Maze Restaurant. However, on the day of Onam, the restaurant failed...
A consumer court in Kerala recently directed a restaurant to pay Rs. 40,000/- as compensation for failure to deliver Onam Sadya on Thiruvonam day.
The case of the complainant was that she had invited guests and ordered sadya for 5 persons to be delivered to her house on Thiruvonam day from a multi cuisine eatery by the name of Maze Restaurant. However, on the day of Onam, the restaurant failed to deliver the sadya, leaving the complainant and her guests without any food.
The Ernakulam District Consumer Disputes Redressal Commission directed the restaurant to refund the amount of Rs. 1295/- paid by the complainant. The court also awarded an additional compensation of Rs. 40,000/- for the deficiency in service which has caused “mental agony and physical hardship” to the complaint. An amount of Rs. 5,000/- was also directed to be paid by the restaurant for cost of proceedings.
The order was passed by the consumer court presided by President DB Bindu and members V Ramachandran and Sreevidhia T N.
“ Every Malayali has an 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 is liable to compensate the complainant for deficiency in rendering service and also for immense physical harassment and mental agony.” The court said in its order.
The restaurant had failed to perform the service availed by the complainant and the deficiency in service has resulted in mental agony, hardship and financial loss to the complainant the court observed. The court also stated that the restaurant was answerable for its “callous attitude, utter negligence and deficiency in service”.
The case of the complainant was that she had ordered 5 sadyas in advance to be delivered on the day of Onam as she had invited guests over for lunch. Despite several calls to the restaurant during lunch time enquiring about the status of delivery, they were not responsive. It was only around 6PM on Onam day, that the restaurant finally got in touch with the complainant, with no proper explanation for their failure to deliver the food. Due to the inaction of the restaurant, the complainant was unable to make alternate arrangements for food despite her best efforts, the complainant had informed the court.
Counsel for the Complainant: Adv Rajesh Vijayendran and Adv Ashok Chacko
Case Title: Bindya V Suthan v M/s Maze Restaurant