CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)

ISBT KASHMERE GATE DELHI

CC/291/2017

No. DF/ Central/                                                                      Date

Rajendra Singh

S/o Sh. Megh Singh

H/o D-1/514, Nand Nagri, Delhi-110093.                           …..COMPLAINANT

 VERSUS

M/s Doon Caterers

Through Director/Partner/Proprietor

5198. Basant Road, Paharganj, New Delhi-110055.

Director (Tourism & Food Department.)

Railway Board, Rail Bhawan, Raisina Road,

New Delhi-110001.                                                       …..OPPOSITE PARTIES

AND

CC/292/2017

Sunita Sharma

W/o Late Sh. L.C. Sharma

H/o D-1/514, Nand Nagri, Delhi-110093.                           …..COMPLAINANT

 VERSUS

M/s Doon Caterers

Through Director/Partner/Proprietor

5198. Basant Road, Paharganj, New Delhi-110055.

Director (Tourism & Food Department.)

Railway Board, Rail Bhawan, Raisina Road,

New Delhi-110001.                                                       …..OPPOSITE PARTIES

Quorum  : Ms. Rekha Rani, President

                 Mr. R. C. Meena, Member

ORDER

Ms. Rekha Rani, President

1. Both the aforesaid complaints are taken up together for adjudication as complainant no. 2 is the brother-in-law of complainant no. 1 and facts pleaded in both the complaints are similar. Instant complaints were filed by Smt. Sunita Sharma (in short complainant no. 1) and Sh. Rajender Singh (in short complainant no. 2) under Section 12 of the Consumer Protection Act, 1986 as amended up to date pleading therein that complainant no.1 had purchased 4 sandwiches, 4 plates parathas with 4 plate matar paneer during her railway journey.  OP charged Rs.24/- each for sandwiches and Rs. 60/- for each plate of paratha and matar paneer.  The excess amount charged by OP is indicated below:

            Complainant no. 1 has prayed for refund of Rs. 60/- which was charged in excess, Rs. 80,000/- as compensation for deficiency in service, mental and physical agony and Rs. 19,000/- towards litigation expenses.

Complainant no. 2 had purchased 4 plate Veg Biryani, 2 plate Matar Paneer and Paratha and 4 cups of Tea on his journey from Hazrat Nizzamuddin to Savai Madhopur.  OP charged Rs. 60/- per each plate of veg. biriyani, Rs.60/- per plate of Matar Paneer and Paratha and Rs. 7/- per cup of tea.  The excess amount charged by OP is indicated as under:

          Complainant no. 2 has prayed for refund of Rs. 74/- which was charged in excess by OP and Rs. 80,000/- for deficiency in service, mental and physical agony and Rs. 19,000/- towards litigation expenses.

2. OP appeared and contested the claim vide its reply.  Both sides adduced evidence by way of affidavits.  We have perused the case file.  We have heard Sh. Rajinder Singh, complainant no. 2 who is AR of complainant no. 1 as well and Sh. Amit Kumar on behalf of OPs.
3. Complainant has submitted a Commercial Circular no. 78 of 2012 issued by Ministry of Railways (Railway Board) dated 21.12.2012.  Complainant has placed on record the rate list/recommended tariff which he obtained from the Railways under RTI and is placed on record as Annexure-C and D.  It is not disputed that on the date of purchase of the said goods, GST had come into force as per the circular placed on record by OP.  Another Commercial Circular No. 48 of 2017 issued by Ministry of Railways (Railway Board) dated 30.06.2017 indicated that rates notified under Commercial Circular no. 78 of 2012 remain unchanged after applicability of GST and are inclusive of GST rates @ 12% for static units without Air Conditioning and Central Heating and @ 18% on static unit with Air Conditioning and Central Heating.  Further, for mobile catering units (where catering charges are not included in the ticket fare), the rates remained same as in Commercial Circular No. 78 of 2012 and are inclusive of GST @ 18%.

Since the tariff chargeable vide Annexure-C and D are inclusive of GST, nothing beyond it could be charged from the complainant.OP itself has pleaded in written statement as well as written arguments that slight difference of amount was due to some calculation error on part of the vendor on the spot who calculated taxes i.e. service tax and VAT.

Accordingly OP is directed to pay to the complainants the excess amount charged from them i.e. Rs. 60/- to complainant no. 1 and Rs. 74/- to complainant no. 2, Rs. 1,000/- each as compensation for causing mental harassment and Rs.1,000/- each towards litigation expenses.Copy of this order be sent to the parties as statutorily required. File be consigned to record room.

Announced on           Day of                       2019.