Delhi

New Delhi

CC/486/2014

Sh. Ram Parkash Pahna - Complainant(s)

Versus

M/S. Indian Railway - Opp.Party(s)

20 Oct 2022

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-VI

(NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

Case No.CC.486/2014

IN THE MATTER OF:

 

RAM PARKASH PAHWA

(SHORT NAME: R.P.PAHWA)  

S/o Late Sh. Hukam Chand,

B-57, Jeevan Niketan

New Delhi-110087                                                         ...COMPLAINANT

 

          Versus

 

INDIAN RAILWAY CATERING

AND TOURISM CORPORATION LTD.

(A Govt. of India Enterprise)

(Thru: its General manager)

Corporate Office:

9^th Floor, Bank of Baroda Bldg,

16, Parliament Street,

New Delhi-110001                                                        …..OPPOSITE PARTY

 

Quorum:

Ms.Poonam Chaudhry, President

Shri Bariq Ahmad, Member

Ms. Adarsh Nain, Member

                                                                                                                   Date of Institution:-  01.07.2014                                                                                                                                                                        Date of Order   : -       20.10.2022

ORDER

 

POONAM CHAUDHRY, PRESIDENT

 

1. The present complaint has been filed under Section 12 of the consumer Protection Act, 1986 (in brief CP Act). Briefly stated the facts of the case are:-
2. It is alleged that the complainant traveled by Train No. 12281 (Doronto Express) from Bhubaneshwar to New Delhi on 30/12/2012 along with his wife aged about 67 years, daughter and daughter's son in coach No. S-5 Berth No.76 vide tickets No. 10967977 (PNR No.621-3210601) and Ticket no. 19915192 (PNR No. 621-3210601). The train fare included charges for dinner, lunch, breakfast tea-snacks etc.
3. It is further alleged that dinner was served on board on 30/12/2012 and  when the complainant removed the covering foil from the container (meals tray), the complainant was shocked to notice a cockroach in the tray and an insect in the gulab jaamun served in the tray as the sweet dish. The complainant immediately called the service-boy and asked him to call the pantry supervisor/manager who came after more than ½ an hour and told name as Subhash Nanda. It is further alleged that when the contents of the said food tray was shown to him, he started arguing and told the complainant that he does not manufacture/cook the food nor can he check each and every piece/item. He even refused to replace the same saying that they do not get any extra food tray.
4. It is also alleged the complainant requested him to give the complaint book for recording the complaint which, he first said, was not available and on when complainant insisted, he went away saying that he would bring the same shortly but did not turn up at all for about an hour.
5. It is further alleged that after waiting for an hour or so, the complainant went to the pantry car where the one Anand was found sitting gossiping with the pantry staff and on being requested for the complaint book, he refused to give the same due which the complainant had to call a couple of passengers from the adjoining coach on whose intervention, the complaint book was given to the complainant in which the complainant entered his complaint.
6. It was also stated the complainant had a vomiting like condition and therefore could not take any food that night and could not recover from the shock for another couple of days thereafter.
7. It is also alleged, that subsequently, the complainant received an unsigned letter dated 07/01/2013 from the Manager/CRM IRCTC, Corporate Office, New Delhi followed by another unsigned letter dated 08-January-2013 from the same officer of the Opp. stating as follows:

Date: 07/01/2013

           We are pleased to acknowledge feedback /suggestion dated 07/01/2013

The unique ID of your feedback/suggestion is GAX20130107259.

The matter has been forwarded to the concerned authority for suitable action and the same will be intimated to you in due course of time.

You may check the status of your feedback/suggestionby logging in at our website."

Date: 08-January-2013

"Thank you for sparing your valuable time in writing to us. The concerned service provider has been issued a warning and a suitable monetary penalty has been imposed. The concerned staff has also been suitably taken up. IRCTC officials will be constantly monitoring to ensure non recurrence. The inconvenience caused to you is deeply regretted."

8. It is further stated that thereafter no communication was been received from the Opposite Party. OP being an enterprise of the Government is expected to exercise greater care and caution in service to the consumers - much more than private the service providers might do particularly in matters concerning public health and life of its consumers which the Opp. Party has grossly failed to do.
9. It is also alleged mental and physical discomfort and mental agony was caused to the complainant by the aforesaid acts of omission and commission committed by the Opp. Party.
10. It is prayed that the following receipts be granted:-

i)compensation for physical discomfort, mental agony etc.

   caused to the complainant:                                  Rs.500,000.00 (Five Lakh)

ii) litigation expenses for the present complaint:        Rs. 50,000.00 (Fifty Thousand)

(iii) grant punitive damages: ...                                Rs. 100,000.00 (One Lakh)

11.  Notice of the complaint was issued to OP who entered appearance and filed its written statement denying all the avernments made in the complaint, it was alleged that due to the nausea caused by the abhorrent and shocking scene of the contents of the food, the complainant had a vomiting like condition or that he could not take any food that night or he could not recover from the shock for a couple days thereafter. It was also alleged that the complainant asked the Manager to replace the food tray which was immediately replaced from the Pantry Car for the complainant satisfaction and the complainant consumed the fresh supplied food to him. It was further stated that the complainant neither told train Supervisor nor requested for any medical help. Moreover the complainant consumed the breakfast and lunch supplied from the Pantry Car during his rest of the journey which demolish his case.
12.  It was also alleged that IRCTC takes due care and caution in its services and always remain vigilant on the supplier/licensee to ensure best services to the passengers. It was further submitted that the complainant did not provide any photograph or videograph of the alleged insect/cockroach found in the food even then the IRCTC immediately took cognizance on the complaint of the complainant and licensee was fined for Rs. 2000/- (Rupees Two Thousand) and D & AR action was taken against Supervisor Mr. Subhash Chander Sethi.
13.  It was denied that as acts of omission or commission was committed by IRCTC  or act of OP amount to deficiency in service and unfair trade practice. It was alleged that claim of compensation was totally misconceived and arbitrary.
14. It was denied that any cause of action had arise in favour of the complainant or against the IRCTC at any point of time. It was prayed that complaint be dismissed.
15. Complainant thereafter filed rejoinder reiterating therein the averments made in the complaint and denying the allegations made in written statement.
16. Complainant filed his evidence by affidavit. However OP did not file its evidence despite sufficient opportunities being granted. In view thereof OPE was closed vide order dated 06.07.2022.
17.  In view of the unrebutted testimony of complainant, we hold OP guilty of deficiency of services. In the facts and circumstances of the case, we award compensation of Rs. 10,000/- (Rupees Ten Thousand) to the complainant for discomfort, mental agony to be paid by OP to complainant within 30 days of receipt of the order, failing which OP will be liable to pay interest @ 12% on the awarded amount. .

 

 

Copy of order be sent to all parties free of cost.

File be consigned to record room with a copy of order.

The order be uploaded on the website of the Commission.

 

 

(POONAM CHAUDHRY)

President

   (BARIQ AHMAD)                                                            (ADARSH NAIN)   

  Member                                                                            Member