Chandigarh

DF-II

CC/233/2018

Vivek Batra - Complainant(s)

Versus

IRCTC North Zone - Opp.Party(s)

In Person

28 Sep 2018

ORDER

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

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Consumer Complaint  No	:	233 of 2018
Date  of  Institution	:	23.04.2018
Date   of   Decision	:	28.09.2018

 

 

 

 

 

Vivek Batra, Resident of House No.1004, First Floor, Sector 44-B, Chandigarh 160047

             ……..Complainant

 

Versus

 

IRCTC North Zone, Group General Manager, North Zone Office, Ginger Rail Yatri Niwas, Ajmeri Gate Side, New Delhi

 

………. Opposite Party

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

SMT.PRITI MALHOTRA        MEMBER

            SH.RAVINDER SINGH         MEMBER

 

Argued By: Complainant in person.

Sh.Bhuvan Luthra, Adv. for Opposite Party  

 

 

 

PER RAVINDER SINGH, MEMBER

 

         The case of the complainant, in brief is that, he travelled from Chandigarh to New Delhi via Kalka Shatabdi Train on 4.11.2017 (Ann.1) and during the said journey he was served with snacks of Bikano Soan Cake along with Tea.  It is averred that the said snacks (Bikano Soan Cake) had manufacturing date of 28.2.2016 and expiry date of 30.10.2017 (Ann.1). The complaint was reported to the Opposite Party by filling the form provided by Railway Staff (Ann.2).  The complainant also lodged a complaint with Opposite Party through online. Hence, this compliant has been filed. 

 

2]       The Opposite Party has filed reply and stated that M/s Satyam Caterers Pvt. Ltd., New Delhi has been awarded license to provide Catering Service on the board in Train No.12006 for the period from 1.8.2017 to 24.11.2018.  It is stated that the shelf life of Bikano Soan Cake is four months and the snack was served within the period of validity of shelf life to the passengers in the train.  It is also stated that on the packing of said snack the Date of manufacturing is 30.10.2017 and Best Before is 28.2.2018. It is stated that infact the complainant/passenger has misread the label of the snack Bikano Soan Cake. Pleading no deficiency in service and denying rest of the allegation, the Opposite Party has prayed for dismissal of the complaint.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the complainant in person, ld.Counsel for OP and perused the entire record.

 

5]       The main allegation of the complainant against Opposite Party is that he was served with snack Bikano Soan Cake on 4.11.2017, which mentioned its manufacturing date as 28.2.2016 and expiry date 30.10.2017. 

 

6]       The Opposite Party vide their application dated 18.9.2018 has placed on record a certificate issued by Bikanervala Foods Pvt. Ltd., Sonepat, Haryana, which states that Sona Cake Batch No.B3DDA, Rs.10/-, was manufactured on 30.10.2017 and its Expiry Date was 28.2.2018.   

 

7]       The original package of said snack Bikano Soan Cake, seen by the Forum on 25.9.2018 during hearing of this case and after analytical close examination of the same, it was noticed that the snack Bikano Soan Cake in question stamped with its manufacturing date as 30.10.2017 and expiry date as 28.2.2018.  The complainant has misguided observations about the expiry date of the said snack as 30.10.2017 whereas it is the actual date of manufacturing and expiry date is 28.2.2018. 

 

8]       Keeping into consideration the above observations, it is opined that present complaint is without merit and based on conjecture & surmises and as such, is hereby dismissed.  No order as to costs.

         Certified copy of this order be sent to the parties, free of cost. File be consigned to record room.

Announced

28^th September, 2018                                                             Sd/-

 (RAJAN DEWAN)

PRESIDENT

                                                                                               

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER