West Bengal

Alipurduar

CC/16/2017

Sri Saradindu Mitra - Complainant(s)

Versus

I.R.C.T.C - Opp.Party(s)

Sri Saradindu Mitra

27 Apr 2018

ORDER

The case of the complainant, in short, is that on 15/04/2017 the complainant along with his wife, daughter-in-law and two grand-daughters aged about 05 and 09 years were travelling from YPR (Yesvantpur Jn.) to NOQ (New Alipurduar) by train No. 12551 namely YPRKYQ AC EXP popularly known as “Yesvantpur Express” and they were travelling in a 2 AC compartment and the PNR number of their reservation ticket was 4328543394 and the births allotted to them were 20, 25, 26 & 27 respectively.

                The further case of the complainant is that the son of the complainant who has been residing at Bangaluru who was not travelling with them placed an online order on 16/04/2017 at 1.57 p.m. before the O.P for providing dinner packets to the complainant and his family members in train and the said order was accepted by the O.P and in return a system generated e-mail on 16/04/2017 at 1:57 p.m. was sent to the inbox of the son of the complainant namely Rudreswar Mitra as acknowledgement of the same. The price for the dinner i.e. Rs.800/- was also paid online by the said son of the complainant and it was only after receipt of the full and final payment for the food and the IRCTC has acknowledged the order and confirmation mail has been sent mentioning the PNR number, train number, seat number, date of journey as well as details of the food. It was also informed by O.P that one OTP(one time password) (being H3X5) has been sent to the Mobile No. 9434179637 and the same has to be shown to the delivery person at the time delivery of the meal which will be delivered at Durgapur on 16.04.2017 at 19:08 hrs. The matter was also informed by the O.P by calling the complainant of his above mentioned mobile No. from a cell bearing No. 8800023373 at 3:24 P.M. on the same date.

                The further case of the complainant is that the train stopped at Durgapur but no one from the O.P side of O.P arrived with the meal and thereafter the complainant tried to call the save number and wanted to enquire about the delivery of meal but in vain. Thereafter train left Durgapur station and reached Rampurhut station. From Durgapur to Rampurhut the complainant and other passengers were compelled to stay without any food and at Rampurhut they were forced to take local food against their will for which the complainant as well as one of his granddaughters became seriously sick and reaching Alipurduar the complainant went to doctor and took medicines. Due to carelessness and negligence of the O.P the complainant and his family members suffered much. The complainant tried his best to provide meals, as ordered by his son to the O.P, but the O.P did not take any steps.

                Hence, this case filed by the complaint and prays for a direction to pay a sum of Rs. 800 towards cost of the undelivered food. The complainant has also prayed for a direction to O.P to pay a sum of Rs. 25,000/- as compensation for mental agony suffered himself and his family members. The complainant has also prayed for direction upon the O.P to pay a sum of Rs. 5, 00,000/- as fine for negligence and deficient act of the O.P and also prayed for direction upon the O.P to deposit the said amount in the account of a recognized and registered charitable institution and the complainant also prayed for direction upon the O.P to pay Rs. 10,000/- towards litigation cost.

 

                Despite service of notice through post the O.P did not turn up before this Forum to contest the case.  As such the case proceeded ex-parte against the O.P.

                The complainant has filed evidence on affidavit as well as written argument and also filed some documents in original with firisty.

                Also we have heard argument from the side of the complainant.

                In this context, the following issues are necessarily come up for consideration to reach just decision of the case.

                                                   POINTS FOR CONSIDERATION

1. Is the complainant a consumer U/S.2 (1)(d)(i)(ii) of Consumer Protection Act ?
2. Has this Forum jurisdiction to try the instant case?
3. Is there any deficiency in service on the part of the O.Ps?
4. To what other relief/relieves the complainant is entitled?

 

                                 DECISION WITH REASONS

 

                As all the points are interlinked to each other as such all the points are taken up together for the sake of brevity and convenience.

                Railway Ticket being PNR No. 4328543394 (Train No. 12551) speaks that the complainant has purchased the ticket for availing travel along with other 3(three) passengers from Yesvantpur Jn. (YPR) to New Alipurduar (NOQ) on 15.04.2017 and computer generated Order confirmation speaks that Rudreswar Mitra booked 4(four) meals by way of using I.R.C.T.C online e-catering facility through prepaid amount of Rs. 800/- (Eight hundred) only against the aforesaid Railway Ticket (Train No. 12551). It is mentioned in the said confirmation Order that the delivery date is 16.04.2017 at 19:08 hours at Durgapur. Therefore, it is presumed that the complainant has made payment (consideration) for availing services from the O.P. and as such the status of the complainant here is a “Consumer” which is fallen in the meaning under section 2(d)(ii) of the Consumer Protection Act, 1986.

                The complainant resides at Netaji Road, Alipurduar and his claim amount does not exceed the pecuniary jurisdiction. Therefore, this Forum has both territorial and pecuniary jurisdiction to try this case.

                The complainant claimed compensation against the O.P. by issuing letter dated 12.05.2017 and the said letter was served to the O.P. on 22.05.2017 (postal acknowledgment indicates so) but the O.P. did not respond the complainant and even after receipt of notice from this Forum the O.P. did not turn up to contest the case.

                By producing the aforesaid documents the complainant has been able to corroborate his plaint-case. As such the instant case has been proved ex-parte against the O.P.

                On the other hand the O.P. did not appear and contest the case to disprove it for which it is presumed that there is deficiency in service on part of the O.P.

                Therefore, we have no alternative but to hold that the instant case has achieved it’s success ex-parte. We are in the opinion that it should be justified to award a sum of Rs. 800/- (Eight Hundred) against the O.P. towards his non-delivery of meals to the complainant and to award another amount of Rs. 25,000/- (Twenty Five Thousand) against the O.P. for causing mental agony and sufferings against the complainant.

                Fees paid are correct.

                Hence, for ends of justice, it is;-

 

                                                                                ORDERED

               

                that the instant case be and the same is allowed ex-parte. The complainant Sri Saradindu Mitra do get a decree of Rs. 800/- (Eight Hundred) against the O.P. for his non-delivery of meals to the complainant and he also do get a further decree of Rs. 25,000/- (Twenty Five Thousand) against the O.P. for causing mental agony and sufferings of the complainant.

                The O.P, the Chairman and Managing Director, I.R.C.T.C is hereby directed to pay both the decreetal  amount Rs. 800/- + 25,000/-  Total Rs. 25,800/- (Twenty Five Thousand and Eight Hundred) to the complainant within  30(thirty) days from his day failing which the complainant will be at liberty to realize the decreetal amount by way of execution according to Law.

                Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action

 

Dictated & Corrected by me-