According to a report, the Kerala consumer court has recently directed a restaurant to pay Rs 40,000 as compensation to a person for failure to deliver Onam sadya to her flat on Thiruvonam day though she had paid for it in advance.
Woman Moves to Court on Not Getting Her Sadhya Delivered
Now that might be a sucker punch to the restaurant owner, and it might also raise some of our brows and shrug many shoulders as the amount of fine seems hefty but before we dive into the case we must know what is Sadya and what made the customer got so offended upon the failure of its delivery that she decided to move to the court.
During the 10-day Onam festival, an elaborate Sadhya which a traditional Kerala meal, essentially vegetarian, served on a banana leaf is made. A typical Sadhya can have two to three dozen dishes, which may sometimes go up to 64. It is quite evident by the description itself that the meal is big attraction of the festival.
Served in lunch, on banana leaves and people sit cross-legged on the floor and eat it with their right hand. The dishes are served in a specific order and they also have their designated places on the banana leaf.
And imagine being a Malayali and not getting the order despite paying in advance. Yes, that is what caused her to move to the court. The woman filed a complaint seeking compensation from Maze restaurant for failure to deliver pre-ordered and pre-paid sadya on the day of Onam.
Following is what the court had to say.
Courts Directs the Restaurant to Pay Rs 40,000 towards Service Negligence & Agony
District Consumer Redressal Commission, Ernakulam, presided over by President DB Binu and members V Ramachandran and Sreevidhia TN and said that “Every Malayali has 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 consumer court said that “The complainant had suffered a lot of inconvenience, mental agony, hardship, and financial loss, because of the negligence of the opposite party” and ordered the restaurant to pay Rs40,000 towards compensation for the deficiency of service committed by the opposite party.
She said that she was lured by the advertisement brochure of the restaurant regarding supply of ‘Special Onam Sadya’ on Thiruvonam of 2021, August 28.
After paying Rs1,295 in advance, she booked sadya from Maze restaurant for five people.
She contended in the court that she was told by the restaurant staff that the sadya would be delivered to the her flat on Thiruvonam day.
However, she said that even after the guests had arrived by 1pm, the food was not delivered.
The restaurant did not answer any of the calls or messages of the complainant regarding why the food wasn’t delivered, she alleged and said the guests had to leave without having food, leaving her embarrassed.
The complainant also alleged that the restaurant cared to respond only around 6pm giving lame excuses and also did not refund the money.
This prompted her to approach the consumer court seeking a refund of the money paid by her and compensation of Rs50,000 for the deficiency of services and mental agony.
Despite a notice being served, Maze restaurant did not appear before the court.
The court found merit in the case and issued an ex-parte order directing the restaurant to refund Rs1,295 and pay Rs40,000 as compensation for deficiency in service and mental agony and Rs5,000 towards cost of the proceedings, according to Bar and Bench.
