1. Rana Tahir Iqbal has filed this case against Halal Fried Chicken (Pvt) Ltd., Gujranwala stating that on 01-06-09 at 05:00pm he alongwith his friend Ashaar Rashed Butt visited the fast food resort of respondent and placed the following order:- (i) Chicken Pizza, (ii) Cold Drinks (iii) H.F.C Spicy Crispy Rice. According to complainant when he was taking rice he found a steel nail in his mouth while chewing the node giving rise to bad feelings. The respondent was informed but he did not attend the complaint.
2. Respondent did not choose to appear before the Court inspite of due service so he was ordered to be proceeded exparte.
3. Complainant produced Ashaar Rashed Butt as PW2 and himself appeared as PW1 to support his version mentioned in the complaint. He produced Exhibit "PA" receipt issued by the respondent, Exhibit "PB" courier receipt of dispatch of legal notice mark "A".
4. I have gone through the record and heard the arguments.
5. From the exparte evidence when there is noting in rebuttal thereof it is evident and proved that on 01-06-09 at 05:00pm complainant was served by the respondent at his resort defective food having steel nail in it. The complainant however could not prove any damage to his oral cavity if caused by the steel nail, the respondent is directed to return the complainant the charges of the food paid by him through receipt Exhibit "PA" Rs. 555/-. Besides, Rs. 500/- expenses of legal proceedings and Rs. 2200/- lawyer's fee shall also be paid by the respondent to the complainant within one month of the passing of this judgment. Food Inspector Health Department Gujranwala is directed to submit his monthly inspection report regarding quality and the standard of food served by the respondent and also about the hygiene of kitchen of the respondent's restaurant to this Court. File be consigned to the record room after its due completion.