Delhi

New Delhi

CC/575/2016

Saroj Kr.Singh - Complainant(s)

Versus

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

05 Jul 2019

ORDER

 

 

 

                                CONSUMER DISPUTES REDRESSAL FORUM-VI

                           (DISTT. NEW DELHI),

                                    ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                                      NEW DELHI-110001

 

Case No.C.C./575/2016                                                     Dated:

 In the matter of:

             Shri Saroj Kumar singh

             S/o Dineshwar Singh

             R/o House no. 19,

             Ground Floor, Polo Road

             Kalyan  Vihar Delhi- 110009

                                                                       

                                      …… Complainant

        Versus

1.         Indian Railways, Through its

General Manager (Northern Railway)

                 Baroda House

New Delhi

 

2.        IRCTC,  Through its

Chairman & ManagingDirector (IRCTC)

B-148, 11^th Floor, Statesman House

                 Barakhamba Road

New Delhi 110001

                                                                               …….Opposite Parties

 

 

 

H.M. VYAS – MEMBER

                                                              ORDER

The gist of the complaint is that the complainant travelled from New Delhi to Chapra on a confirmed booked ticket via Suvidha Express on 05.04.2016. It is alleged that in the food/dinner served was late in night instead of scheduled time between 8:00 pm and 9:00 pm  Further, the food was unhygienic and of bad quality. The complainant complained of the bad quality and unhygienic food to TTE and also at Railway portal. Around midnight 12 AM at Moradabad Junction some Railway Officials came and inquired about the complainant’s grievances and promised to serve food again.  After reaching the destination the complainant on 07.04.2016 evening felt stomachache, started vomiting with high fever and other bodily complications. On consulting the  doctor, he was diagnosed of food poisoning.  Despite treatment there was no recovery on return to Delhi, the complainant consulted doctors at Hans Charitable Hospital in Mukherjee Nagar where he was hospitalized after proper investigation and observation, the complainant was diagnosed with jaundice and remained hospital from 14.04.2016 to 19.04.2016.  Doctors advised him bed rest for a month. Alleging recklessness and negligence on the part of the OP.Following prayer has been made:-

1. Adjudicate the present matter in favour of the complainant and against the opposite party by allowing a compensation of Rs. 2,50,000/- (Rupees two lakh fifty thousand only).
2. Provide the cost of the present complaint.
3. Any other or further order which this Hon’ble Forum may deem fit may also be awarded in the interest of justice.

The OPs were noticed. The OP-2 contested the complaint and filed written version. It is stated that there was no negligence and recklessness on the part of the OP-2 (IRCTC). It was, however, admitted that the complaint dated 05.04.2016 at 22:25 PM was made by complainant on Indian Railway Redressal Portal. It is stated that the complainant was served dinner in time and not late as alleged.  Further, the complainant has not placed any substantiating evidence regarding bad and unhygienic food supplied to him.  It is also stated that no complaint from other co-passengers was made.  It is stated that the complainant fell sick on 07.042016 i.e. almost after 2 days of availing the services/food on the boarded train.  It is also stated that the incubation period for an infection leading to Jaundice is 14 to 28 days and therefore, the said illness cannot be attributed to the services by the OPs. Prayer to dismiss the complaint has been made.

The OP-1 though was noticed but none appeared and no written statement was filed and therefore, after  giving opportunities the OP-1 was proceeded ex-parte on 26.07.2017.

Complainant and OP-2 filed their respective evidence by way of affidavit and written submissions.  We have perused the material placed before us and submissions of both the parties.  The admitted position is that complainant made a complaint on portal and the OP Officials at Moradabad visited inquired about the grievance of the complainant.  The only issue of alleged supply of unhygienic and bad quality of food remains to be considered by this Forum which allegedly led to illness of the complainant.  The arguments of the OP that no substantiating evidence in this regard was produced by complainant is untenable for the reason that the food supplied to the complainant  was consumed  and as such  there could not have been any expert  report regarding the bad quality or the unhygienic food supplied  in the boarded train. The documents of treatment show that the complaint of stomachache acidity or vomiting.  The treatment document have not been disputed by the OP-2 and  the only argument  placed is limited on the issue  of incubation period of jaundice infection between 14 to 28 days.  Even if the aspect of jaundice is ignored, still the factum of illness causing vomiting etc can well be construed to be the adverse effect of the consumed food. To this extent that we are of the considered view that the quality of food supplied by OP and the complaint and thereof was  made the same day by the complainant stood unresolved.  We therefore, hold the OP-1 to be deficient in service and direct as under:-

1. OP-1 is directed to pay a sum of Rs. 5,000/- to the complainant with 9% simple interest from the date of filing  of this complaint i.e. 16.09.2016 till the date of realization.
2. OP is also directed to pay Rs. 3,000/- as litigation cost.

The Order shall be complied within 30 days from the date of receipt of this order.

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on 05/07/2019..

The orders be uploaded on www.confonet.nic.in

File be consigned to record room.

 

 

                                                (ARUN KUMAR ARYA)

                                                                PRESIDENT

 

                     (NIPUR CHANDNA)                                                                    (HM VYAS)

                  MEMBER                                                                                 MEMBER