Eatery fined Rs 60K for serving non-veg burgers to resident

Ajay Joshi

Tribune News Service

Jalandhar, January 20

The District Consumer Disputes Redressal Forum has told Burger King, a fast-food restaurant, to pay Rs 60,000 for serving non-vegetarian burgers to a resident who had ordered vegetarian burgers.

The complainant, Manish, a resident of Rasila Nagar, Basti Danishmanda, had filed a complaint against Burger King, near Guru Nanak Mission Chowk, in December 2018 and the judgment was delivered on January 15, 2019. Besides directing to pay the compensation, the eatery has also been asked to refund the price of two burgers — Rs 67.

In his complaint, Manish had alleged that he had visited the restaurant on October 7, 2018, and had ordered two veg burgers for himself and his wife. However, when they were consuming the same, he found that the burgers served to them were non-vegetarian due to which he felt his stomach started paining. He videographed the whole incident and complained about the same to the restaurant manager. Manish also made a complaint of gastric infection and mouth sores. Subsequently, he got his medical reports after visiting doctors at the Civil Hospital, the next day.

On the basis of serving an inappropriate food item that not only deteriorated his health but also hurt his religious sentiments, the complainant approached the forum against Burger King’s local manager (opposite party) and its managing director in Mumbai. He also sought a compensation of Rs 2,00,000 for deficiency in service, Rs 30,000 as medical expenses, a refund of the burgers with interest @ 24 per cent per annum till its realisation and litigation expenses of Rs 22,000.

Whereas, the opposite party in its reply admitted that they served non-vegetarian burgers to the complainant but it was completely unintentional. Besides, it also tried to prove that the complainant had not started eating the burger when the mistake was pointed out and averred that the packing of the burger clearly indicates different symbols of veg/non-vegetarian products as mandated under the law.

However, the Bench, headed by forum president Karnail Singh and member Jyotsna, concluded that it wasn’t a simple negligence rather grave negligence on the part of the restaurant as it supplied an item to a consumer that he did not ask for. Besides, the religious sentiments of the complainant were also hurt due to the restaurant’s deficiency in service.

Hence, the opposite party was directed to pay Rs 50,000 as compensation for causing grave negligence, mental tension, physical harassment to the complainant, Rs 10,000 as litigation expenses and Rs 67 as refund amount of the burgers ordered.

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