Customer Receives Compensation After Finding Dead Fly in Biryani

The CSR Journal Magazine

A consumer court in Puducherry has mandated a restaurant to compensate a customer after he discovered a dead fly in his chicken biryani. The case stemmed from an incident, involving a 26-year-old man named P. Sundarakumara Manikandan. He visited Briyani & Co. with a friend and ordered two chicken biryanis, which amounted to Rs 558.

During the meal, Manikandan allegedly found what appeared to be a dead fly in his food. He supplemented his complaint with photographic evidence and a video recording of the incident, along with legal documents showing correspondence with the establishment.

Initially, he sought Rs 1.3 lakh in compensation, citing health risks, negligence, and emotional distress due to the experience. This claim was articulated during his submission to the District Consumer Disputes Redressal Commission.

Commission’s Findings and Order

The District Consumer Disputes Redressal Commission deliberated on the evidence presented. While the photographs provided were deemed insufficiently clear, the video was found to be convincing. The judges noted that the recording indicated a possible dead fly in the dish after part of it had been consumed, giving weight to Manikandan’s account.

The restaurant did not appear to contest the claims in court, resulting in a ruling made in its absence. It was concluded that serving contaminated food constituted a deficiency in service under the Consumer Protection Act, and the restaurant failed to disprove the allegations presented by the customer.

The commission noted a discrepancy in the restaurant’s communications; it had publicly apologised in response to a customer review but subsequently denied the accusations in its legal reply. This inconsistency weakened its defence when addressing the commission.

Compensation Components

The commission ultimately awarded Rs 10,000 for mental distress and deficiency in service, along with Rs 3,000 for legal expenses, which was considerably less than the amount Manikandan originally sought. The commission also clarified that the compensation was not intended as a punitive measure against the restaurant.

In an unusual addition to the ruling, the commission instructed Briyani & Co. to serve Manikandan ten plates of Hyderabadi chicken biryani over five weeks, providing two plates every Sunday free of charge. This gesture was described by the commission as one of goodwill, aimed at rebuilding trust in the restaurant’s food standards.

The directive has attracted notable attention online, with various observers highlighting the practical approach taken by the court. Although the customer did not receive a substantial monetary award, the ruling ensures accountability and somewhat offers the restaurant an opportunity to showcase improvements in hygiene practices.

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