DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No. 331/2018

Shri Pankaj Bansal

S/o Late Colonel R.K. Bansal, “Shaurya Chakra”

R/o 108/04, Sector-1

Pushp Vihar, M.B. Road,

New Delhi-110017                                                       ….Complainant

Versus

General Manager

Northern Railway,

Headquarters office,

Baroda House, New Delhi.                                      ….Opposite Party

                             Date of Institution in CDRF-VI       :         18.07.15

                             Date of Institution in this Forum     :         02.11.18        

                             Date of Order                                   :         27.08.19

Coram:

Ms. Rekha Rani, President

Ms. Kiran Kaushal, Member

ORDER

Member - Kiran Kaushal

1. The present complaint case has been received by this Forum by way of transfer from CDRF-VI, Delhi.
2. Briefly put the complainant Pankaj Bansal while travelling on Ajmer Shatabdi on 09.08.2014 from Jaipur to New Delhi was served food in which an insect of about an inch in size was found in the Dal. The complainant had consumed almost all the Dal when he found the insect. The complainant being a strict vegetarian, follows strict religious guidelines and was quite perturbed on consuming the contaminated Dal.  
   1. The complainant recorded a complaint in the complaint book with the guard/ coach attendant of Train No. 12016 of Northern Railways (OP). Photocopy of the carbon copy of the complaint is annexed as annexure CW-1/A and the photo of the insect is attached as Annexure CW-1/B.
   2. The complainant received communication vide letter dated 25.08.2014 from Northern Railways wherein he was informed that the matter was entrusted to Deputy Chief Commercial Manager (Catering) Head Quarters Office Baroda House,  New Delhi for examining and taking necessary action. The said letter is attached as Annexure CW-1/C. After waiting for communication from OP for a month the complainant filed an RTI to get information regarding the status of his complaint and file notings. The complainant did not receive reply to the RTI application. Hence he filed an appeal, thereafter making various other communications the complainant finally received the file notings of the case from Chief Commercial Manager / Catering annexed as Annexure CW-1/J. File notings on the complaint are as follows:-

“In the notings it is clearly stated in para 3 of the notings, “The complaint was justified by the TS Sh.R.C. Singh of TNo 12016 on 09.08.14

In para 5 notings of PP-1 are, “Passenger was travelling by 12016 on 09.08.14. The food was served to him in which one insect of about 1 inch size found in Dal since he is vegetarian. If agreed licencee may be fined Rs.10,000/-.

The noting by PP-2 on 11.11.14 are, “insect found in Dal so fine has been imposed”.

The last para of notings is, “A letter imposing a penalty of Rs.10,000/- is placed at S.No.2 for your kind signature please.” The last para is followed by signatures of officials on 12.11.14.

1. It is next averred that after going through the notings the  complainant vide letter dated 26.02.2015 wrote a letter to Chairman Railway Board and requested for compensation but OP did not file any reply to the same. Thereafter, the complainant filed his grievance at the public grievance portal after sometime his case was closed with the details that “Penal action has already been taken against the concerned contractor. As regards compensation the complainant was asked to approach the competent Forum as there was no provision of compensation on account of such cases in Railway.
2. Aggrieved by the deficient services and careless attitude of OP, the complainant approached this forum with the following prayers:-  

1. That for the first deficiency of service i.e. the discovery of the 1 inch long insect in the food served to the complainant and the resultant mental and emotional agony that he went through, the complainant prays for compensation and punitive damages of 1 lakh.
2.  That for the second deficiency of service i.e.  the failure of the railways to give any sort of feedback to the complainant regarding his complaint resulting in his having to repeatedly follow up by invoking the RTI Act thereby again causing mental disturbance, frustration and agony, the complainant prays for compensation and punitive damages of 1 lakhs.
3.  That for the third deficiency of service i.e. the lack of initiation of any action in response to the complaint within 3 months of the complaint and the initiation of action by the respondent only after the receipt of the RTI application of the complainant which was filed after 50 days of the complaint thereby causing mental disturbance and extreme frustration to the complainant, the complainant prays for compensation and punitive damages of 1 lakh.
4. That the complainant prays for litigation costs of Rs.15,000/- to be imposed on the respondent.

3. OP resisted the complaint inter-alia stating that as the complainant was travelling from Jaipur to New Delhi on 09.08.14 the alleged cause of action arose at Jaipur. Hence this Forum has no territorial jurisdiction to entertain the present complaint.
   1. OP submits that Ajmer Shatabadi Express Train is a premium train and good standard is maintained in these trains. However, it is submitted that it is not possible that the complainant consumed the Dal and the insect of one inch was seen by him later on as very small quantity of Dal is given, one cannot miss seeing such an object. It is next submitted by OP that if the allegation of having insect in one inch was correct the complainant should have complained to the service staff. This issue could have been resolved at the same time by calling the concerned staff and Dal could have been changed. Hence, there was no question of agony or harassment to the complainant.
   2. It is further submitted that Railways is big organization and only one way to connect the entire India. Millions of people are travelling by the trains throughout India and Indian Railway always tries its best to provide clean and healthy food to the passengers. It is thus prayed that complainant is not entitled for any relief or compensation and complaint is liable to be dismissed.   
4. Rejoinder to the written statement of OP is filed by the complainant wherein facts of the complaint are reiterated. Evidence by way of affidavit is filed by the complainant. Evidence of Shri Rahul, DCMISS, DRM Office, Northern Railways has been filed on behalf OP.
5.  Written arguments have been filed by the parties.
6. Arguments of Ld. counsels for parties are heard and record is perused very carefully.
7. OP has raised preliminary objection stating that as the complainant was travelling from Jaipur to Delhi, the cause of action arose at Jaipur therefore this Forum does not have the territorial jurisdiction to entertain the present complaint. The said contention in our opinion is baseless as OP carries on its business’/ has its Headquarters at Baroda House, New Delhi which is very well within the jurisdiction of this Forum.
8. Further OP by stating that it is a big Organization and tries its best to provide clean and healthy food to the passengers is trying to shun its responsibility under the garb of big numbers. However, we are of the opinion that as the complainant had duly paid for the services of OP, he is very much entitled to clean, hygienic & healthy food.
9. Without going into the details of the complaint, reference is made to reply of the application under RTI Act of Pankaj Bansal (complainant) dated 24.11.2014, annexed with the complaint as Annexure CW-1/J. Notings of the officials of OP make it clear that OP has admitted to the fact that the Dal which was served to OP had an insect and the complainant being a vegetarian, he suffered on that account. Therefore, the officials of OP imposed a fine of Rs.10,000/- on the licensee.
10. Further it is the case of the complainant that he was not informed about the status of his complaint. It is also his case that action was taken on his complaint pursuant to his ‘Follow ups’, i.e. after three months. OP has failed to provide any satisfactory reply on both the accounts. We find that OP was also deficient in its services as despite having a Grievance cell and maintaining a Complainant Book, no action on the complaint was taken on their own. Therefore having a Grievance cell and maintaining Complaint Book seems to be farce, an eye wash for the public at large.
11. In light of the discussion above, we allow the complaint and direct OP to pay Rs.20,000/- in lumpsum by way of compensation towards physical, mental agony and litigation expenses within two month of receipt of copy this order. Failing which the OP shall become liable to pay interest @ 6% p.a. on the amount awarded till realization.

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 27.08.19.