Restaurant not obliged to serve gravy with parotta and beef fry: Kerala Consumer Court
District forum Ernakulam President DB Binu and members Ramachandran V and Sreevidhia TN observed that there was no obligation on the restaurant to provide gravy. Thus, the court said, there was no deficiency in service by the restaurant under the Consumer Protection Act, 2019.
"In the instant case, there was no contractual obligation-express or implied-on the part of the Opposite Party to provide gravy. Therefore, the non-providing of gravy of the time of supplying porotta and beef cannot be considered as a deficiency in service from the part of opposite party No.1 and 2, and hence no enforceable consumer relationship arises in this respect," the consumer court ruling on 19 May said as reported by legal news website Bar and Bench.
The incident took place in November 2024 when the complainant and a friend dined at The Persian Table restuarant and requested gravy with their order. However, the owner declined, stating that gravy was not served as a complimentary item.
The customer, Shibu S Vayalakath, a journalist, complained to the Kunnathunadu Taluk supply officer. An inquiry was then conducted by both the Supply officer and the Food Safety officer, who confirmed that the restaurant did not have a policy of providing free gravy.
There was no contractual obligation... on the part of the Opposite Party to provide gravy.
The matter was eventually taken to the Consumer Court, which ruled that the complaint was not maintainable under the provisions of the Consumer Protection Act, 2019.
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