Chandigarh

DF-II

CC/142/2016

Anil Kumar - Complainant(s)

Versus

Government of India - Opp.Party(s)

Jagvir SharmaAdv

09 Sep 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	142/2016
Date of Institution	:	25.02.2016
Date of Decision	:	09.09.2016

 

                                       

                                               

 

Anil Kumar s/o Sh.Sadhu Ram Sharma r/o H.No.202/22-A,Chandigarh

                                ...  Complainant.

Versus

 

1.     Govt. of India, Ministry of Railways through Senior Division Commercial Manager, Ambala Division, Northern Railways, Ambala Cantt.

 

2.     Chief Commercial Manager, Catering, Northern Railways, Baroda House, New Delhi.

…. Opposite Parties.

 

 

BEFORE:          SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

 

Argued by:               

                        None for the complainant

Sh.Sumit Naran, Proxy Counsel for Sunil K.Sahore, Adv. for the OPs.

Sh.Manoj Kumar, Clerk for the OP.

 

 

PER RAJAN DEWAN, PRESIDENT

1.         In brief, the case of the complainant is that on 23.12.2015, he travelled in Shatabdi Express (Train No.12045) from Delhi to Chandigarh against the ticket No.PNR-2578063367, Coach No.E-1, Seat No.56.  During the journey, he was served hot soup by the Catering Staff of the Railways.  Having consumed some soup, he noticed a dead cockroach was lying in the soup bowl and he immediately called the catering staff and showed the dead cockroach to them.   The catering staff took the bowl with the remaining soup and replaced it with another bowl of the soup. Unfortunately,  he again noticed a dead cockroach in the bowl and the same was again brought to the notice of the catering staff.  He then made an entry in the complaint book at Sr. No.10 (Annexure C-3). It has been averred that after a few minutes, the Catering Serving Staff accompanied by some other persons approached him and started pressurizing him not to pursue the complaint.   He also received phone calls in this regard. Owing to the aforementioned situation, particularly the behavior of the Railway Staff, he apprehended some danger to his personal security as he was being time and again under pressure not to go ahead with the complaint, he made another entry in the complaint book at Sr.No.11 dated 23.12.2015 (Annexure C-4) requesting the concerned authorities of the Railways not to disclose his identity in order to avoid risk to his life and property.  A news regarding the incident also appeared in The Chandigarh Tribune dated 25.12.2015 (Annexure C-5). It has further been averred that the catering staff of the Railways served unhygienic soup and caused him physical harassment and continuous fear of ailment on account of its consumption.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         In their joint written statement, the facts with regard to the travelling of the complainant in the Shatabdi Express from Delhi to Chandigarh on 23.12.2015 and serving of the soup having the cockroach twice to him have not been denied.   However, it has been pleaded that the contract for the food in the train in question was allotted to M/s Satyam Caterers and as per the terms and conditions of the contract between the Railways and M/s Satyam Caterers, there is provision of heavy fine/penalty in case the contractor is found deficient. It has further been pleaded that the matter was enquired into and the contractor was found guilty and as such a fine of Rs.10,000/- was imposed upon the contractor vide order dated 13.01.2016. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made.
3.         On 29.08.2016 none appeared on behalf of the complainant.  Therefore, we proceeded to dispose the complaint under Rule 4(8) of the Chandigarh Consumer Protection Rules, 1987 read with Section 13(2) of the Consumer Protection Act, 1986 (as amended upto date) even in his absence. We have heard the learned counsel for the Opposite Parties and have gone through the documents on record.
4.         The facts with regard to the travelling of the complainant in the Shatabdi Express from Delhi to Chandigarh on 23.12.2015, serving of the soup having the cockroach twice to him and imposing a penalty upon the contractor by the Railways Authorities are not disputed between the parties.  However, the facts and circumstances of the present complaint leave no manner of doubt that the OPs are least bothered about monitoring the quality of the food being served by them to the passengers travelling in their trains despite charging so much money under this count.  In the instant case, the OPs have apparently committed a grave deficiency in service by serving unhygienic and unhealthy soup containing dead cockroach, not once but twice, to the complainant on board Shatabdi Express thereby putting his life at stake and, therefore, they are certainly liable to adequately compensate for the mental agony and physical harassment suffered by him.
5.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The opposite parties are directed as under:
   1. to pay a sum of Rs.50,000/- to the complainant towards indulgence into the deficiency in service as well as causing mental agony and physical harassment to the complainant.
   2. to pay a sum of Rs.7,000/- as litigation expenses.

This order be complied with by the Opposite Parties, within 45 days from the date of receipt of its certified copy, failing which the awarded amount shall fetch interest @9% per annum from the date of this order till actual payment besides payment of litigation costs.

6.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

09.09.2016

 

Sd/-

 (RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER