Mumbai District Consumer Commission Holds Hotel Liable For Serving Food Containing Stone Particles

Brief facts:

The complainant, along with his friend, went to Sukh Sagar Hotel ('Hotel') in Mumbai for lunch on 28.09.2022. As per the complainant, there was a huge stone like particle in the food which they ordered. This resulted in massive pain in the complainant's tooth and his crown was broken. The complainant brought this fact to the notice of the manager of the hotel who apologized for the unfortunate event.

The complainant also underwent a dental treatment for his broken tooth and incurred around Rs. 16,000 for the treatment. In the certificate produced from the Dental Clinic, it was mentioned that the damage to the crown was due to bite impact. The complainant then contacted the management of the hotel the next day asking for damages which were denied by the hotel. Hence, a complaint supported by documents was filed by the complainant before the Mumbai district commission praying for appropriate compensation.

All relevant documents such as the bill of the ordered food and dentist's certificate were filed by the complainant. The complainant also submitted additional evidence in which it was claimed that some more treatments were taken by the complainant in 2024.

Submissions of the hotel:

The hotel failed to file its reply within the prescribed period of 45 days. However, the hotel filed its written argument on legal points and argued that the commission does not have the jurisdiction to decide the complaint. It was further submitted that the complaint is illegal and bad in law and has been filed with malafide intentions. The hotel denied the incident of stone particles but agreed to compensate the complainant for his dental treatment.

Observations of the commission:

The bench took note of all the documents submitted by the complainant and observed that presence of hard piece like stone in the food is confirmed. The bench observed that service providers, especially in the food industry, are under a duty of care to ensure that food which is served is safe and free from harmful foreign substances.

Reliance was placed on the decision of Karnataka State Consumer Commission in K. Damodaran vs Hotel Saraswathi (2007) where the hotel was held responsible when the complainant's tooth was damaged by stone in the food. The bench also placed reliance on the decision of NCDRC in KFC vs Pawan Kumar (2012) where it was held that presence of foreign objects in food, whether deliberate or accidental, is deficiency in service.

Thus, the hotel was held liable for deficiency in service. However, it was held that the additional evidence showing further dental treatments are not established to be in connection with the stone particles in the food.

Hence, the complaint was partly allowed with the following reliefs:

1. Rs 16,000/- towards the cost of the complainant.
2. Rs. 10,000 as compensation for mental agony and harassment
3. Rs. 5,000 for legal expenses.

Case Title: Kaushik Lodh vs Sukh Sagar Hotels Pvt Ltd

Case Number: Consumer Complaint No. DC/AB1/483/CC/285/2022

Date of Decision: 22.07.2025

Click Here To Read/Download The Order