Chandigarh

DF-II

CC/867/2017

Shalini Jain - Complainant(s)

Versus

Indian Railway Catering and Toursim Corporation Ltd., - Opp.Party(s)

Shiti Jain Adv. & Shaman Jain Adv.

02 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

======

Consumer Complaint  No	:	867 of 2017
Date  of  Institution	:	07.11.2017
Date   of   Decision	:	02.04.2018

 

 

 

 

Shalini Jain w/o Punit Jain, resident of H.No.3126, Sector 21-D, Chandigarh.       

             …..Complainant

Versus

1]  Indian Railway Catering and Tourism Corporation Ltd., B-148, 11^th Floor, Statesman House, Barakhamba Road, New Delhi 110001 through its Chairman and Managing Director.

2]  Indian Railway Catering and Tourism Corporation Ltd., SCO 80-82, 3^rd Floor, Sector 34/A, Behind Piccadilly Cinema, Chandigarh 110022 through its Chairman and Managing Director.

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

                          ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

         MRS.PRITI MALHOTRA        MEMBER

                                SH.RAVINDER SINGH         MEMBER 

 

Argued by: Ms.Shiti Jain, Adv. for complainant.

 Sh.Bhuwan Luthra, Adv. for OPs No.1 & 2.

 Opposite Party No.3 exparte.  

 

 

PER RAVINDER SINGH, MEMBER

 

 

         The facts in issue are that the complainant and her two sons travelled from Chandigarh to New Delhi on 3.7.2016 by Train No.12006 Kalka Shatabdi Express against PNR No.2419739308 (Ann.C-1).  It is averred that the total fare of said journey was Rs.1861/- which included Rs.270/- as catering charges for Veg Meals to be served during the said travel.  It is submitted that the complainant and her sons were served breakfast during the journey in packs with green sticker thereon.  However, when the complainant took first bite from her meal, she noticed a live insect inside the food pack and shocked to see the live insect moving inside the food pack.  It is also submitted that she immediately brought this matter to the notice of catering staff of OPs but they failed to give any reply (Ann.C-2). The complainant returned all the food packs even that of her sons as they did not want to eat unhygienic and unhealthy food served to them.  It is stated that thereafter the staff of OPs offered them other pack of meal, but she and her sons did not accept the and travel without food as the unhygienic food is highly injurious to human health and not fit for consumption.  It is also stated that the complainant asked the Staff of OPs including TTE to provide her the register to lodge complaint, but they did not provide the same.  After that the complainant send a complaint to Railway Minister on 12.10.2016, but she has not received any reply to her mail (Ann.C-3).  It is submitted that the worst part is that the passengers are provided food on board as compulsory precondition and price of the compulsory food is included in the ticket.  It is further submitted that the act of OPs i.e. forced sale of meal as per their pre-decided menu and service of unhygienic, infested and unpresentable meals during the journey amounts to unfair trade practice and deficiency in service. Hence, this complaint has been filed.

 

2]       The OPs NO.1 & 2 (Indian Railway Catering and Tourism Corporation) have filed reply stating that they have no role in providing the catering service on the Train No.12006 – Kalka New Delhi Shatabadi Express and that the catering service on the said train on 3.7.2016 is provided by the Service Provider engaged by Northern Railway, as per Catering Policy 2010 (Ann.OP-2/1), as such answering Opposite Parties have no role and have wrongly been made party in the present case. It is stated that the answering OPs have been entrusted with the assignment to provide access to Railway Passenger Reservation System through its server and internet connectivity to book online ticket.  It is submitted that the fare charged including catering charges shown in the tickets stood transferred to the Zonal Railways at the time of issuance of ticket. It is also submitted that the operation, management and catering services at the relevant time do not fall within the domain of OPs No.1 & 2.  It is stated that the Catering Staff or the TEE are the employee of Service Provider of Zonal Railway and The Northern Railway-OP No.3. Other allegations have been denied for want of knowledge as the answering OPs being distinct and separate legal entity have no role to play nor the catering services were under their supervision at the relevant time.  Pleading no deficiency in service and denying rest of the allegations, the OPs No.1 & 2 have prayed for dismissal of the complaint.

         Opposite Party NO.3 did not turn up despite service of notice, hence it was proceeded exparte vide order dated 18.12.2017.

 

3]       Complainant also filed rejoinder thereby reiterating the assertions made in the complaint.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and perused the entire record.

6]      The Ministry of Railways, Govt. of India vide their Commercial Circular No.35/2010, dated 21.7.2010 (Ann.OP-2/1), circulated ‘Catering Policy 2010’ in supersession of the earlier existing Catering Policy of 2005.  In the new Catering Policy, all Railway Zones were instructed to give priority to provision of good quality food, drinking water and toilet facilities and ensure cleanliness on trains and stations.  In the policy, the Railway Zones were assigned responsibility to endeavor to achieve the objective, as laid down in the Catering Policy, 2010.  The catering business in the Railways shifted from Indian Railways Catering and Tourism Corporation (IRCTC) to the Railway Zones.

 

7]       It is, however, regretted to note that despite detail instructions, as contained in the revised Catering Policy, 2010, circulated by Commercial Circular NO.35/2010 by Government of India, no effective steps have been taken by most of the Railway Zones to uplift the quality of service of food to the passengers on board.

 

8]       The complainant along with her two sons while travelling in Kalka Shatabdi Express Train No.12006 on 3.7.2016 from Chandigarh to New Delhi, was served breakfast in the Coach, but the complainant when unpacked the food stuff and tried to eat the same, was astonished to see a live insect in the food.  This is a serious lapse on the part of the Catering Officials especially Supervisor, who miserably failed to supervise the preparation and service of food to the passengers on train.  The complainant has paid Rs.270/- as catering charges, but could not eat the meal and suffered a lot and even her little kids were deprived of meal during the journey.

 

9]       From the facts emanating from the pleadings, the deficiency on the part of Opposite Party NO.3 i.e. Northern Railways, Ambala Division, Ambala Cantt. stands proved in failing to have a proper check on the food preparation and service provided by their caterer, who was so engaged by them.  The Opposite Party No.3 is found to be callous too.  Despite service, none has appeared before this Forum to answer the queries as raised in the complaint. The present complaint, as such, is allowed with following directions as under:-

1. The Opposite Parties NO.1 & 2 are directed to refund the catering charges of Rs.270/- to the complainant along with interest @18% p.a. w.e.f. 3.7.2016 till payment;
2. The Opposite Party No.3 is directed to pay a compensation of Rs.10,000/- to the complainant for causing harassment and mental agony;

The Opposite Party No.3 shall be at liberty to recover the said amount from concerned Caterer, as deem fit.

 

         This order shall be complied with by the OPs within a period of 30 days from the date of receipt of certified copy of this order.

 

10]      Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

2^nd April, 2018                                                    

                                                                                                Sd/-

                                                                   (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER