DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.227/2012
Sh. Harish Gupta
WZ-306, Gali No.8, Sadh Nagar,
Palam Colony,
New Delhi-110075 ….Complainant
Versus
1. Indian Railway Catering and Tourism Corporation Ltd.
9th Floor, Bank of Baroda Building,
16, Parliament Street, New Delhi-110001
2. Union of India
Through Chairman of Railway Board,
Railway Bhawan, New Delhi ….Opposite Parties
Date of Institution : 07.05.12 Date of Order : 16.01.19
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
Naina Bakshi, Member
ORDER
The case of the complainant, in nutshell, is that the complainant is a devotee of “Sai Baba”, therefore in order to visit “Shirdi “ via Mumbai had booked E-Rail-tickets Class- 3A on 17/03/2012 for himself and his other family members for outward journey (NDL-BCT) as well as for inward journey dated 23/04/2012 (CT-NDL) through OP No.1 online ticket reservation web-site. The details of said e-tickets are as follows:-
In ward journey (23/04/2012) – BCT-NDL.
Train No. 22209-NDL Duronto Ex.
PNR. No.82011024783, Class: 3A, Coach No.B6.
It is submitted that when the staff of the OP served lunch/meal to all passengers of the train (No.22209), at that time one of the complainant’s family members observed that some “Fungus” was floating inside the water of “Rail Neer Bottle), which was supplied alongwith lunch/meal, infact the complainant was extremely thirsty and drank about half of it, before, he realized, it had something floating in it, light grey in colour and after the complaint to the service boy of OP No.1, he changed the said bottle of “Rail Neer”, but in spite of change of the water bottle the complainant saw that a “brown baby cockroach” (foreign element) floating inside the sealed bottle of Rail Neer which was not a part and parcel of the water in question and detail of said bottle of Neer as:
Date of manufacturing- 15.04.2012
Batch No. 1504 and ISI No.1543
It is submitted that the sealed bottle in question of Rail Neer which was served to the complainant with lunch/meal by the OP No.1 is still lying with the complainant, as the same was not opened till date. The OPs are deficient in their services tantamount to unfair trade practice. Hence pleadings deficiency in service and unfair trade practice on the part of the OPs. the complainant has filed the present complaint for the following reliefs:
- Direct the OP to a sum of Rs.1,00,000/- as compensation for harassment, mental agony etc. alongwith Rs.15,000/- as the cost of the present litigation.
OP No.1 in the written statement has inter-alia stated that the OP is Central Govt. Public Enterprises under Ministry of Railway and set up a completely automatic, modern plant involves eight purification process capable of yielding water quality confirming BIS and European Union Standards. It is submitted that no manual handling is involved in the process, thereby eliminating any process of contamination /adulteration in the process. The plant is ISO 9001:2008 certified and all precautions as per standards laid down are being taken. The whole system of purification and bottling are flawless and there is no possibility of presence of any fungus or baby cockroach in the Rail Neer. The complainant has neither lodged any complaint in the train nor suffered any injury as such the complaint is not maintainable. It is submitted that there is no deficiency in service on the part of the OP, as such the complainant is not entitled to any compensation, hence the complaint may be dismissed.
OP No.2 has been proceeded exparte vide order dated 29.08.12.
Complainant has filed a rejoinder reiterating the averments made in the complaint.
Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. Virender Singh, Manager/Rail Neer IRCTC Has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties .
We have heard the arguments on behalf of the OP. No one has appeared on behalf of the complainant to advance oral arguments despite opportunity given in this behalf.
We have also gone through the file very carefully.
The complainant has filed the copy of e-tickets issued by OP No.1 as Annexure-A. The OP filed the process of Rail Neer as Annexure R-1.
Admittedly the complainant has purchased the E-Rail-tickets Class- 3A on 17/03/2012 for himself and his family members for outward journey (NDL-BCT) as well as for inward journey dated 23/04/2012 (CT-NDL) through OP No.1 online ticket reservation web-site.
Complainant has not filed any evidence on the record to show that he had lodged any complaint in the train or at railway station or to the OP No.1 & 2. Complainant has not filed any medical papers to show that after drinking water he became sick. The complainant has also not produced the bottle in question during the course of entire proceedings.
In view of the above discussion, we hold that the complainant has failed to prove any deficiency in service or unfair trade practice on the part of the OPs. Accordingly we dismiss the complaint with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 16.01.19.
