DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 823-13
Date of Institution : 4.12.2013
Date of Decision : 22.04.2015
Neha Arora d/o S. Gulshan Kumar Arora, resident of 100-A, New Tilak Nagar, Shivala Bhayian, Amritsar
...Complainant
Vs.
Indian Railway Catering and Tourism Corporation Ltd. Through its Managing Director/Director/Office Incharge, through Northern Railway, Baroda House, New Delhi
The Station Master Northern Railway, Amritsar
M/s. Satyam Caterers Pvt.Ltd through its Director/Principal Officer 118/7, Masjid Road, Jangpura Bhogal, New Delhi 110014
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : Sh.D.P.Singh,Adv
For the opposite party No.1 : Sh.M.S. Chinna,Adv.
For opposite party No.2 : Sh. P.K.Mody,Adv.
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For opposite party No.3 : Sh. K.P. Singh,Adv.
Quorum : Sh. Bhupinder Singh, President, Ms.Kulwant Kaur Bajwa,Member & Sh. Anoop Sharma, Member
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Neha Arora under the provisions of the Consumer Protection Act alleging therein that she alongwith her family members travelled from Amritsar to New Delhi in Train No. 12014 Amritsar- New Delhi Shatabdi on 17.10.2013 against ticket/PNR No. 2613385905 in coach No. C5 against seat Nos. 76,77,78 on payment of railway fare of Rs. 1995/- which include breakfast and drinks. The opposite parties supplied the travellers veg or non-veg as per the wish of the travellers. Complainant has alleged that the opposite parties had provided breakfast to the complainant and his parents. On opening the breakfast kit, the complainant found cockroach in Veg kits. Complainant brought this fact to the notice of the suppliers and the Incharge in the train. The complainant has taken snaps on the spot from her mobile phone.. The Incharge of Pantry Car in the train also admitted that there are so many cockroaches in the Pantry Car and as such the same might have entered in the breakfast kits. This incident /news was published in
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the Daily Bhaskar on 19.10.2013 . The complainant demanded complaint book to note down the complaint, but the Incharge of Pantry Car refused to provide the same, to the complainant. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to pay compensation of Rs. 4,75,000/- for causing mental tension and agony. Litigation expenses were also demanded by the complainant.
2. On notice, opposite party No.1 appeared and filed written version in which it was submitted that the opposite party No.1 in compliance of Catering Policy 2010 issued by Ministry of Railways, handed over the operation and management of the catering service on the train No. 12014 Amritsar -New Delhi Shatbdi Express to the concerned Zonal Railway i.e. Northern Railways in this case on 4.2.2011 and a tripartite agreement dated 4.2.2011 was executed between the parties. As the incident alleged to have occurred on 17.10.2013 when the operation and management of catering service was being carried out by the concerned Zonal Railway and as such the replying opposite party is not a necessary party. While denying and controverting other allegations, dismissal of complaint was prayed.
3. Opposite party No.2 in its written version has submitted that the complaint so lodged by the complainant was duly attended immediately on the administrative side by taking appropriate action against the catering agency i.e. opposite party No.3 to maintain the sanctity of the system of railway administration by taking all
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redressal measures and steps to redress the grievance of the complainant, as such the present complaint is not maintainable. It was submitted that catering agency M/s. Satyam Caterers Pvt.Ltd had provided breakfast as per their schedule in the said train. It was further submitted that upon receiving the complaint from one Sh. Ajit Singh, who travelled in Coach No. C5 against PNR No. 272-2635701 as published in newspaper Danik Bhaskar, immediately a suitable action by calling explanation of the catering agency opposite party No.3 who happened to be a licensee for the catering in the train under reference at the relevant time . The license of said catering agency was revoked and licencee was suitably punished by a prompt action on the part of railway administration under intimation to the said complainant Ajit Singh. The opposite party No.1 after termination/revocation of license of catering of M/s. Satyam Caterers Pvt.Ltd., who subsequently given charge as licensee for catering to the agency in the train in question, had not been catering in the said train at the relevant time, has already been intimated that the licensee has been suitably fined for this deficiency. Upon received the complaint through news publication in reference to one Ajit Singh, the Pantry Car manager for not providing the complaint book being representative of the licensee for catering, the licensee was duly penalized by immedaite administrative departmental action by imposing penalty upon him for above stated lapses in catering and for not providing complaint book by imposing a fine of Rs. 10000/- and a departmental
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action has already been taken by Sr. DCM/Northern Railway Firozpur against the erring TTE.
4. Opposite party No.3 in its written version has submitted that complainant has levelled false allegation against the opposite party. It was denied that on opening of the breakfast kit, the complainant found cockroach in Veg kits of breakfast. It was also denied that complainant brought this fact to the notice of suppliers and incharge of the train. It was denied that Incharge of pantry car in the train admitted that there are so many cockroaches in the pantry car . While denying and controverting other allegations, dismissal of complaint was prayed.
5. Complainant tendered into evidence her affidavit Ex.C-1 copy of ticket Ex,.C-2, photographs Ex.C-3, copy of newspaper cutting Ex.C-4.
6. Opposite party No.1 tendered affidavit of Sh.Sukhwinder Pal Singh, Manager Catering Services Ex.OP1/1, copy of agreement Ex.OP1/2..
7. Opposite party No.2 tendered affidavit of Sh.Vimal Kumar, Station Superintendent Ex.OP2/1, copy of letter dated 9.1.2014 Ex.OP2/2.
8. Opposite party No.3 tendered affidavit of Sh.Vijay Kumar Aggarwal,Director Ex.OP3/1.
9. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsels for both the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the
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ld.counsels for both the parties.
10. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant alongwith her family members travelled from Amritsar to New Delhi in Train No. 12014 Amritsar-New Delhi Shatabdi on 17.10.2013 against ticket/PNR No. 2613385905 in coach C5 against seat Nos. 76,77,78. The said tickets include breakfast & drinks. The opposite parties supplied the travellers veg or non-veg as per the wish of the travellers. The complainant alleges that the opposite parties had provided breakfast to the complainant and his parents. On opening the breakfast kit, the complainant found cockroach in Veg kits. She brought this fact to the notice of the suppliers and the incharge in the train. The complainant has taken snaps on the spot from her mobile phone, photographs of which are Ex.C-3. The Incharge of Pantry Car in the train also admitted that there are so many cockroaches in the Pantry Car and as such the same might have entered in the breakfast kits. The complainant further alleges that this incident/news was published in the Daily Bhaskar on 19.10.2013 , copy of which is Ex.C-4. The complainant demanded complaint book to note down the complaint, but the Incharge of Pantry Car refused to provide the same, to the complainant. Ld.counsel for the complainant submitted that the Incharge of Pantry Car as well as Railway authorities have failed to provide proper and nutritious food to the complainant and her parents and all this amounts to deficiency of service on
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the part of the opposite parties.
11. Whereas the case of opposite party No.1 is that the opposite party No.1 in compliance of Catering Policy 2010 issued by Ministry of Railways, handed over the operation and management of the catering service on the train No. 12014 Amritsar -New Delhi Shatbdi Express to the concerned Zonal Railway i.e. Northern Railways in this case on 4.2.2011 and a tripartite agreement dated 4.2.2011 was executed between the parties. As such opposite party No.1 is not responsible for operation and management of catering service in the aforesaid train on 17.10.2013 i.e. at the relevant time.
12. Whereas the case of opposite party No.2 is that the complaint in question when came to the notice of opposite party No.2 , was duly attended immediately on the administrative side by taking appropriate action against the catering agency i.e. opposite party No.3 to maintain the sanctity of the system of railway administration by taking all redressal measures and steps to redress the grievance of the complainant, as such the present complaint is not maintainable. Opposite party No.2 further alleged that catering agency i.e. opposite party No.3 had provided breakfast as per their schedule in the said train. Upon receiving the complaint from one Sh. Ajit Singh, who travelled in Coach No. C5 against PNR No. 272-2635701 as published in newspaper Danik Bhaskar, immediately a suitable action by calling explanation of the catering agency opposite party No.3 who happened to be a
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licensee for the catering in the train under reference at the relevant time . The license of said catering agency was revoked and licencee was suitably punished by a prompt action on the part of railway administration under intimation to the said complainant Ajit Singh. The opposite party No.1 after termination/revocation of license of catering of opposite party No.3, who subsequently given charge as licensee for catering to the agency in the train in question, had not been catering in the said train at the relevant time, has already been intimated that the licensee has been suitably fined for this deficiency. The said licensee was also punished for not providing the complaint book to the complainant for lodging complaint . The above
named licensee for catering i.e. opposite party No.3 was penalized immediately by administrative departmental action by cancelling his license and by imposing penalty for the abovesaid lapses in catering and for not providing complaint book. Not only this a necessary departmental action has already been taken by Sr. DCM/Northern Railway Firozpur against the erring TTE. As such the complaint is liable to be dismissed against opposite parties No.1 & 2. Ld.counsel for opposite parties No.1 & 2 submitted that there is no deficiency of service on the part of opposite parties No.1 & 2 qua the complainant.
13. Whereas opposite party No.3 denied that on opening of the breakfast kits, the complainant found cockroach in Veg Kits of breakfast. They also denied that the complainant brought this fact to the notice of the suppliers and Incharge of the
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train. They also denied that the complainant had taken snaps on the spot from her mobile phone, photographs of which are Ex.C-3. They also denied that complainant demanded complaint book to note down the complaint, but the Incharge of Pantry Car had refused to provide the same and ultimately prayed that the complaint is liable to be dismissed.
14. From the entire above discussion, we have come to the conclusion that the complainant alongwith her parents namely Gulshan Arora and Sunita Arora travelled from Amritsar to New Delhi by train No. 12014 Amritsar-New Delhi Shatabdi Express on 17.10.2013 against ticket/PNR No.2613385905 Ex.C-2 in Coach No.C5 against Seat No.76,77 and 78. The opposite parties had charged Rs. 1995/- for these tickets which include breakfast and drinks i.e. Veg or Non-Veg breakfast as per the wish of the traveller. Opposite parties provided breakfast as per schedule in the train to the complainant. The complainant has fully proved on record that they travelled through this train number in Coach No. C5 against seat No. 76,77,78 on 17.10.2013 from Amritsar to New Delhi as per ticket Ex.C-2. Complainant also proved on record that they were provided with Veg breakfast Kits. The complainant also proved on record that when the complainant opened the veg kit of breakfast, the complainant found dead cockroach and its parts in the Veg Kit, as is evident from the snaps taken by the complainant of the Veg Kit supplied by the opposite parties to the complainant in the aforesaid train, the
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photographs of which are Ex.C-3. The complainant has also deposed on oath through her affidavit Ex.C-1 that she demanded complaint book from Incharge of the Pantry Car to note down the complaint, but the Incharge of the Pantry Car refused to provide the same to the complainant. It is the admitted case of the opposite parties that opposite parties No.1 & 2 have given the contract of catering in the aforesaid train to opposite party No.3 at the relevant time. Opposite party No.3 was responsible for all acts of omission or commission regarding the catering i.e. breakfast kits supplied by opposite party No.1 to the travellers in the said coach C5 in which the complainant alongwith her parents travelled from Amritsar to New Delhi vide ticket Ex.C-2 on 17.10.2013. Opposite party No.3 could not deny these facts rather they have admitted that they were under contract with opposite parties No.1 & 2 for supply of breakfast kits to the travellers in the aforesaid train on 17.10.2013. All this shows that opposite party No.3 was responsible for all the acts of omission or commission regarding catering i.e. supply of breakfast kits to the travellers in the Amritsar-New Delhi Shatabdi Train No. 12014, on 17.10.2013. So it stands fully proved on record that opposite party No.3 supplied breakfast kits to the complainant and her parents on 17.10.2013 in the aforesaid train coach No. C5 against Seat Nos. 76,77,78 in train No. 12014 Amritsar-New Delhi Express, on the opening of which the complainant found that there was dead cockroach and their parts in the Veg breakfast kit supplied by opposite party No.2 to the complainant
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as is evident from the photographs Ex.C-3. Not only this opposite parties No.1 & 2 have also admitted through their written version that they had already received complaint in this regard from one Sh. Ajit Singh, who travelled in Coach No. C5 against PNR No.2722635701 which was also published in newspaper Danik Bhaskar, copy of which is Ex.C-4 regarding this fact that dead cockroach was found in the breakfast kits supplied by opposite party No.3 to said traveller Ajit Singh and other 12 travellers in the same Coach C5, on 17.10.2013 and that when Ajit Singh demanded complaint book from Incharge of Pantry Car, he refused to provide the complaint book to said Ajit Singh, opposite parties No.1 & 2 had already taken action against opposite party No.3 . They had cancelled the license of catering of opposite party No.3 and not only this they have also imposed penalty of Rs. 10000/- on opposite party No.3 for lapses under catering and for not providing complaint book to the complainant for lodging complaint. Not only this opposite parties No.1 & 2 have also taken disciplinary i.e. Departmental Action against the erring TTE.
15. Consequently we hold that opposite party No.3 was in deficiency of service in providing unhygienic contaminated food to the complainant. As such the complainant is entitled to compensation from opposite party No.3.
16. Resultantly we partly allow the complaint with costs and opposite party No.3 is directed to pay compensation of Rs. 2500/- to the complainant. Opposite party
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No.3 is also directed to pay litigation expenses Rs. 1000/- to the complainant. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
17. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
22.04.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member
