A restaurant open to the public has a clear duty to ensure basic safety and placing a broken chair in the seating area is a serious lapse.

You can file a complaint before consumer commission for deficiency in service against the restaurant owner and the Mall also can be a second opposite party.

Providing unsafe seat is considered deficiency in service and act of negligence.

You can claim compensation for injury, mental agony, and expenses.

Your mother can seek compensation for medical bills, pain, and suffering by filing a consumer complaint against the restaurant/mall for "deficiency of service".

Immediately secure evidence, such as photos of the broken chair, CCTV footage And medical reports 

Yes, you have a valid legal claim. Keeping a broken chair in the seating area is negligence and also “deficiency in service,” so your mother can claim compensation from the restaurant, and if facts support, from the mall as well, for medical expenses, pain and suffering.

The best remedy is usually a complaint before the Consumer Commission, apart from a civil claim for damages. Please keep the broken-chair photos, medical papers, bills, complaint copy, and ask the mall in writing to preserve CCTV footage.

Next step you may consider

Send a legal notice quickly and have a lawyer review the papers for filing a consumer case, since CCTV and evidence are important in such matters.

You can go for damages before consumer court if you are a consumer otherwise twice you can file a claim under law of torts but it’s very time consuming compared to consumer law

I understand the seriousness of the incident, especially considering your mother’s age. The facts as stated clearly disclose a case of negligence and deficiency in maintaining safe premises.

Under the principles of the Law of Torts, every occupier of a premises (in this case, the restaurant and mall management) owes a duty of care to ensure that the premises are reasonably safe for customers. Placing a broken chair in the active seating area is a clear breach of that duty. The injury suffered by your mother establishes causation and damage, completing the elements of negligence.

In addition, this situation also falls within the scope of deficiency in service under the Consumer Protection Act, 2019, as customers are entitled to safe and hazard-free services in commercial establishments.

In terms of legal remedies, you have the following options:

You can issue a legal notice to both the restaurant and mall management, detailing the incident, negligence, and injuries, and seek compensation for medical expenses, pain and suffering, and mental trauma.

You may file a consumer complaint before the appropriate Consumer Commission claiming compensation. This is often the most effective and speedy remedy in such cases.

If the injury is significant, you may also consider filing a civil suit for damages under tort law for negligence.

Additionally, if the negligence is gross, a police complaint may also be explored under provisions relating to causing hurt by negligent act.

From a practical standpoint, you should immediately preserve evidence such as:

medical records and prescriptions,

photographs/videos of the broken chair and location,

CCTV footage (request the mall in writing to preserve it),

any witness statements.

The liability may be joint on both the restaurant and mall, depending on who was responsible for maintenance and safety.

In conclusion, you have a strong legal case for compensation based on negligence and deficiency of service. It is advisable to proceed with a legal notice followed by consumer proceedings if the matter is not amicably resolved.

Sir/Madam, 

Please wait for sometime and give reminder of your complaint. If you don't get a the suirable reply or the reply is not received, then send a legal notice asking for compensation and file the suit if the legal notice is not complied with by the restaurant in question. 

Dear Client, 

You may consider it as a premises safety or negligence matter. You can get your mother medically examined immediately and keep the doctor’s note, x-rays, prescription and photos of injury. Preserving photos or videos of the broken chair, CCTV footage can be considered as electronic records and are admissible under the Bharatiya Sakshya Adhiniyam. As per the Consumer Protection Act, a consumer complaint can be filed before the District Commission where the value of the service paid as consideration does not exceed Rs 1 Crore and the complaint may be filed where the complainant resides or where the cause of action arose. A police complaint under Section 125 of the Bharatiya Nyaya Sanhita covers doing any act rashly or negligently as to endanger human life or the personal safety of others and it is a cognisable offence, so you may also consider that. I hope this helps. In case of queries, please feel free to reach out. 

Thank You.