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Roop Khanna   17 May 2024

Adulterated food

On 14th April 2024, I ordered food online via swiggy from a restaurant called PUNJABI ANGITHI. The following day I felt very sick and was vomiting and passing loose motions every twenty minutes. Next because of weakness I tried to get up but blacked out and fell.

Subsequently j visited BATRA HOSPITAL where they gave me pain killing injections, took x rays which were not showing any broken bones and discharged me. 

However, my condition worsened and I got admitted into ICU at AASHLOK HOSPITAL. THEY treated me for 3 to 4 days and discharged me with follow up treatment for 3 more days at home with IV and antibiotic injections.

One month later I was once again able to walk. My treatment cost me approximately one lakh rupees of which I had to pay about 20%.

Now I want to file a case against the restaurant and Swiggy. Who should be the first opposite party and who should be the second opposite party? Under what section should I file the case in consumer court? 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     17 May 2024

Is it medically confirmed that your sickeness was due to adulterated food which poisoned and resulted into the said illness?

If you have proper evidence to establish the same then you may have to sue the restaurant and not the swiggy delivery boy.

Roop Khanna   17 May 2024

Patient came with complaints of constipation and generalised weakness, loss of appetite, fever on and off. Increased frequency of urine, neck stiffness since 2 days. History of loose motions with weakness and syncopal attack (24/04/2024). Patient was taken to BATRA  HOSPITAL - advised MRI brain but not done, so admitted here AASHLOK HOSPITAL) for further evaluation and management. Patient was admitted to I U with above-mentioned complaints.

Is this proof that my condition was caused by food consumed previously as after that I did not eat any other food? 

T. Kalaiselvan, Advocate (Advocate)     19 May 2024

You obtain a second opinion from another expert doctor based on the symptoms and the treatment given by the hospitals for the possible cause for this illness and if it is opined that it was due to food poison after consuming audulterated food, then you can sue them either through consumer forum or through civil court 


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