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Complaint for consumer draft, Essays (university) of Consumer Law

Goa UniversityConsumer Law

Draft for a consumer complaint. For first years

Typology: Essays (university)

2022/2023

Uploaded on 01/05/2024

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kimi-kantak-1 🇮🇳

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BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, SOUTH GOA,
AT MARGAO, GOA
Consumer Complaint No. _______/ 2023
Mr. Viraj Dobriyal
S/o Mr. Vikas Dobriyal
Age 25 years
R/o F.No. 123, Sapana Plaza, Gogol,
Margao- Goa. ................. Complainant
v/s
The Manager
Crunchix Restaurant
Shop No. 10, Dias Residency,
Margao- Goa. ..................... Opposite Party
COMPLAINT UNDER SECTION 35 OF
THE CONSUMER PROTECTION ACT, 2019
MAY IT PLEASE YOUR FORUM
The Complainant hereinabove mentioned lodges his complaint as under:
1. On 01/08/2023, the Complainant decided to have lunch at the Opposite Party's restaurant 'Crunchix',
which is a very famous and well known restaurant in Margao city and is known for it's scrumptious
chicken burgers. Accordingly the Complainant placed an order for a BBQ Chicken Burger, french fries
and a Pepsi.
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BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, SOUTH GOA,

AT MARGAO, GOA

Consumer Complaint No. _______/ 2023 Mr. Viraj Dobriyal S/o Mr. Vikas Dobriyal Age 25 years R/o F.No. 123, Sapana Plaza, Gogol, Margao- Goa. ................. Complainant v/s The Manager Crunchix Restaurant Shop No. 10, Dias Residency, Margao- Goa. ..................... Opposite Party COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019 MAY IT PLEASE YOUR FORUM The Complainant hereinabove mentioned lodges his complaint as under:

  1. On 01/08/2023, the Complainant decided to have lunch at the Opposite Party's restaurant 'Crunchix', which is a very famous and well known restaurant in Margao city and is known for it's scrumptious chicken burgers. Accordingly the Complainant placed an order for a BBQ Chicken Burger, french fries and a Pepsi.
  1. The said food items were served within 10 minutes to the Complainant. However, upon consuming a few bites of the burger he realised that it had a mildly peculiar taste which left him squeamish. Furthermore, to his utter shock and disgust he found what looked like a dead housefly in the burger patty. Hereto annexed as Exhibit-''A' are the photographs of the housefly in the burger.
  2. The Complainant immediately summoned the Manager of the restaurant and complained about the same. The Manager, instead of admitting their fault and solving the grievance, humiliated the Complainant infront of other customers and asked him to pay the entire bill of ₹549/- (Rupees five hundred and forty nine only). Furthermore, the Manager insulted the Complainant by making a statement that the Complainant was not obliged to continue dining at Crunchix and could have food at any other restaurant if he was not satisfied.
  3. On the night of 01/08/2023, the Complainant suffered from severe stomach ache and diarrhea. The next day that is 02/08/2023, the Complainant consulted a doctor who prescribed him some tests to be done and medicines, after diagnosing him with a case of intestinal myiasis. The Complainant has incurred a total cost of approximately Rs. 4780/- (Rupees four thousand seven hundred and eighty only). Hereto annexed as Exhibit-'B' is the medical certificate and Exhibit-'C' is the prescription along with the medical bills.
  4. The Complainant through his legal counsel sent a legal notice dated 15/08/2023 via registered A.D to the Opposite Party calling upon the Opposite Party to pay an amount of ₹5329/-(Rupees five thousand three hundred and twenty nine rupees only) to make good the loss incurred by the complainant within ten days from the date of receipt of the said notice. The notice was duly served to the opposite party on 17/08/2023 to which the Opposite Party has failed to reply.
  5. The Complainant states that by serving spoilt, unhygienic and contaminated food without safeguarding the health and well being of the customers, the Opposite Party has indulged in Unfair Trade Practice and therefore he is entitled for an Order directing the Opposite party to pay due compensation to the Complainant for the expenditure incurred and more importantly, the physical and mental agony suffered by him on account of the negligence of the Opposite Party in their service.
  6. For the purpose of court fees and jurisdiction the present complaint is valued at ₹40,000/-(Rupees forty thousand only.)
  7. The cause of action for filing this complaint arose on 27/08/2023 and therefore it is not barred by the law of limitation.
  8. The Complainant therefore claims that: a) the Opposite Party shall be directed to pay an amount of ₹40,000/- (Rupees forty thousand only) to the complainant as compensation for the physical and mental agony and turmoil undergone by him and inclusive of the medical and food bills. d) for costs.