Date of Filing: 12-02-2015 Date of Final Order: 13-06-2016
Smt. Runa Ganguly, President in Charge.
The gist of the complaint as culled out from the record is that the Complainants, Sri Sarbananda Roy, Sri Gopan Ch. Debnath and Smt. Chaitali Saha booked a railway ticket on 24/09/2014 through internet in GHY PREMIUM Special, Train No.02261, PNR No.6632692731 for the journey, from Sealdah to New Cooch Behar, in THIRD AC (3A) with food option as “NON VEG” (Compulsory Food) by depositing total Rs.6,742.47/- and the schedule departure and arrival time was 00.30 hours and 12.05 hours respectively. The date of travel was 27/09/2014 and for boarding at Sealdah.
On 27/09/2014 the Complainants boarded the said train at Sealdah and after boarding the train the catering staff had supplied only one bottle drinking water each Complainants in lieu of dinner. The Complainants asked the catering staff about the dinner, and then the catering staff told to the Complainants that, if the Complainants provide hidden cost then they would supply Tiffin or dinner.
It is pertinent to mention here that, the catering staff of the said compartment did not provide any dinner, breakfast, and lunch to the Complainants other than one bottle of water in the whole journey and the said train arrived at New Cooch Behar at about 1.30 P.M. In this situation the Complainants were stranded in the train and got mental pain. They deprived from consuming any food in their whole journey. Thus, the Complainants debarred from availing of the benefits due to negligent manner of service o the Opposite Parties.
Thereafter, the Complainants lodged a written complaint before the O.P No.3. i.e. The Station Master, New Cooch Behar Railway Station, regarding the said matter with request for taking proper steps and also inform the matter to the O.P. No.1 & 2. But the O.Ps did not pay to any heed towards the Complainants.
Due to such activities of the Opposite Parties the Complainants also suffered from acute mental pain and agony, pecuniary loss and unnecessary harassments. Finding no other alternative, the Complainants filed the present case praying for issuing a direction upon the O.Ps to refund of food Charge, which amount was received by the concern authority at the time of booking ticket and also to pay (i) Rs.25,000/- each Complainants as compensation for mental pain and agony and unnecessary harassment, (ii) Rs.25,000/- each Complainants for their deficiency in service and (iii) Rs.5,000/- each Complainants towards litigation costs, besides other relief(s) as the Forum deem fit, as per law & equity.
In this case the O.P. No.2 & 3 in their W/V stated that for proper adjudication of the case IRCTC be made as a necessary party i.e. Indian Railway Catering and Tourism Corporation. The Complainant prayed for adding IRCTC as a necessary party and that was allowed.
It appears that in spite of due service of Notice upon the O.P. No.1, The Chief Commercial Manager, Eastern Railway, Kolkata and the O.P. No.4, I.R.C.I.C, Kolkata, did not turn up before the Forum and accordingly the case proceeded in Ex-parte against them.
The O.P. No.2, The Chief Commercial Manager, N.F. Railway, Maligaon, Guwahati and the O.P. No.3, The Station Master, New Cooch Behar Railway Station, have contested the case by filing Written Version denying all material allegation of the complainant contending inter-alia that the case is not maintainable and the Complainants have no cause of action to bring the case. This Forum also has no jurisdiction to try the case as it is come under the Railway tribunal. The main contention of the O.P. No.2 & 3 is that the Complainants purchased the ticket through IRCTC website for the train 02261 EX-Sealdah to NCB, which was destined to Guwahati, vide PNR No.6632692731, transaction ID No.10000008550241, date of journey 27/09/2014. The train was scheduled to leave Sealdah station at 00:30 AM and arrived New Cooch Behar station at 12:05 PM on 27/09/2014 in which the Complainants travelled.
The further contention of the O.P. No. 1&2 is that, in terms of Govt. of India/Ministry of Railway’s Policy Circular No. TC-II/2910/2013/Dynamic Pricing dated 25/03/2014, regarding running of Premium special train, Para No. (Xii), stipulates that there shall be no catering services in trains departing at 21:30Hrs or thereafter and arriving at 07:30Hrs. or before the next day. This circular was issued by the Director of passenger marketing railway board/New Delhi. Hence there was no dinner served to the Complainants in the night at the time of train leaving from Sealdah station.
In terms of Eastern Railways Letter No. TT/584.2/1/Pt. XV dated 21/08/2014, signed by Assistant Commercial Manager Catering Eastern Railway, Koilaghat, Kolkata, regarding the running schedule of Premium Special Train and price list of Catering Charges to be levied with fare in point to point basis, which elaborates that the Complainants were charged for only Morning tea and Breakfast for Rs.85/- each as per Sl. No.05 for journey from Sealdah to New Cooch Behar, and the Complainants ware served with morning tea and breakfast before reaching New Cooch Behar station as per schedule of catering charge collected. The O.P. No.2 & 3 also stated in their Written Version that regarding non-supply of food was found false, as the required food was duly served to the Complainants as per schedule and tariff in time. Thus the O.P. No.2 & 3 proved that there was no deficiency in service and the present O.Ps have been illegally made as party in the Complaint of the Complainants. The O.P. No.2 & 3 in W/V stated that this Forum has no jurisdiction to try the case as the Railway Tribunal U/S 13 of Indian Railways Act has the jurisdiction only.
Ultimately, the O.P. No.2 & 3, prayed for dismissal of the case with cost.
In the light of the contention of both parties, the following points necessarily came up for consideration.
POINTS FOR CONSIDERATION
- Are the Complainants a Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the Opposite Parties any deficiency in service by repudiating the claim of the Complainants and are they liable in any way?
- Whether the Complainants are entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully, peruse the entire documents in the record also heard the argument advanced by the parties at a length. Perused, also evidence on affidavit filed by the parties.
In this case the O.P. No.2 & 3 in their W/V stated that for proper adjudication of the case IRCTC be made as a necessary party and on prayer of the Complainants IRCTC had been included as the O.P. No.4. Notice was duly served upon IRCTC. But none appears on behalf of the O.P. No.4 also the O.P. No.1.
Point No.1.
The Complainants in view to hassle free journey from Sealdah to New Cooch Behar purchased an E-ticket bearing PNR No.6632692731 on 24/07/2014 from the Indian Railway. The Complainants paid Rs.6,742.47/- for obtaining the said ticket. All the O.Ps are related with the Indian Railway. Thus, the relation between the Complainants and the O.Ps so established from the record, we have no hesitation that the Complainants are consumer of the O.Ps.
Point No.2.
The O.P. No.3 one of the branches of Railway Authority is carrying on business in the Cooch Behar district i.e. within the jurisdiction of this Forum. The total value of the complaint is Rs.65,000/- which is far less than the prescribed limit. Thus, territorial and pecuniary jurisdiction established.
Point No.3 & 4.
Both points are taken up together for convenience of discussion.
Admittedly & evidently, the Complainants purchased E-tickets through the O.P. No.4 i.e. I.R.C.T.C on payment of Rs.6,742.47/- only.
It is the case of the Complainants that during issuing the said ticket, the O.P. took charges for food and it is reveal from the Annexure-“A” that the Complainants choose Non-Veg. food but during the said journey except one bottle of water no food was supplied by the Railway Authority. They boarded at A/C train, where food from hawker was not available. Thus, they reached at the destination without taking any food at their whole journey.
It is the case of the O.P. No.2 & 3 that the Complainants purchased the E-ticket for the journey on 27/09/2014 through IRCTC. The said train scheduled to leave Sealdah Station at 12.30 A.M and arrived at New Cooch Behar Station at 12.05 P.M on 27/09/2014. As per Circular of Govt. of India, Ministry of Railway’s being Circular No. T.C-II/2910/2013/Dynamic Pricing New Delhi dated 25.03.2014 “there shall be no catering services in trains departing at 21.30 Hrs. or thereafter and arriving at 07.30 Hrs. or before the next day”.
The Ld. Agent for the O.P vehemently argued that the Complainants were charged only Rs.85/- for morning Tea and Breakfast and those were duly served before reaching New Cooch Behar as per schedule of catering charge collected.
On giving a close look to the evidence on affidavit of the O.Ps it appears that the O.Ps gave a false statement about adding IRCTC as a necessary party though already the IRCTC has been made party on prayer of the Complainant.
In support of his contention the Ld. Agent for the O.Ps filed some Xerox documents without any marking though for convenience of our discussion, we marked the documents as Annexure-“A-1”, “A-2”, “A-3” & “A-4”.
On giving a close look to the Annexure-“A-3” it reveals that for journey from Sealdah to New Cooch Behar only Rs.85/- had been taken by the Railway authority as catering charges for providing Morning Tea and Breakfast. As per Circular dated 25.03.2014 marked as Annexure-“A-4” the passengers are not entitled to get dinner, lunch etc. The said train arrived at 1-30 p.m. instead of 12-5p.m. and no lunch was provided to the passengers as they were not charged for the same.
The O.P. No.2 & 3 argued that this Forum has no jurisdiction to try this case as the Railway Tribunal U/S 13 of Indian Railways Act has the jurisdiction only. In this juncture, we pleased to invite too authorities, reported in 2001(3) CPR 337 (NC) and 2003 (3) CPR 69 (T.N) wherein, also in other cases the dispute against the Railway Authorities has been settled before the Consumer Redressal Commission/Forum. Thus, in view of the said reported decisions we have no hesitation but to hold that this Forum has jurisdiction to try the present dispute.
The Ld. Agent for the O.P. No.2&3 in his W/V, evidence on affidavit and W/Ar. had taken plea that the Morning Tea and Breakfast were duly served to the Complainants/Passengers as per guide line and catering charges in 02261-62 SDAM – GHY Premium Special Train. IRCTC, the service provider did not appear before this Forum also we do not find any single scrap of paper that actually the IRCTC provided service against the charges of Rs.85/- to each of the Complainants though the O.P. No. 2&3 did not clear that on what basis they made such submission on behalf of the IRCTC. Onus lies upon the O.Ps that they have no deficiency in service.
During the course of argument the Ld. Agent for the O.P. says that the O.P. is ready to return the charges of Tiffin to the complainant. Thus, no doubt it is admitted that the Tiffin was not provided to the passengers though the O.P. No. 2&3 in W/V, Evidence stated that the Tiffin was provided which is contradictory.
Besides, the Complainants aggrieved by the service of Railway authority and being harassed filed a written complaint before the Station Master, New Cooch Behar Railway Station just after reaching New Cooch Behar on 27/09/2014 narrating the horrible situation faced by the Passengers i.e. the present Complainants. The O.Ps took no steps, kept mum and sitting idle. The aforesaid facts also published in a widely circulated daily News paper. Thus, it is be reasonably presume that without facing any problem one passenger cannot make allegation against the Railway Authority just reaching destination after a long journey.
The Railway Authority also took no step against the Complainants even after publishing the said news. Thus, the act and conduct of the O.Ps clearly proved that they were very much negligent in providing service to the passengers in a first class train. Be that as it may, it is crystal clear that the O.P. No. 4, IRCTC did not provide food against the charge has taken by the Railway Authority at the time of issuing the ticket in favour of the Complainants that tantamount to deficiency in service. The O.Ps argued that the Rail Authority only took charges for Morning Tea and Breakfast that was duly provided by the IRCTC but the Complainant in the complaint as well as in evidence stated that on 27. 09. 2014 the train reached at New Cooch Behar station at about 1-30 P.M. instead of 12:30 P.M. The Railway authority shall have to provide food, water to the passengers for delay though as per circular they were not entitled.
Considering the facts and circumstances of the case, in our view the Indian Railway should be diligent, careful about the convenience, comfort and safety of the passengers in a first class/reservation compartment. Now it is a common picture that not only in slipper class but in a first class compartment also the passengers are facing various troubles that also should be handled strictly. IRCTC is an authority to provide ticket through internet and provide food service to the passengers in any first class train. The Indian Railway truly for giving proper service to the passenger nominated the said IRCTC thus, IRCTC is the service provider of the Railway Authority. In this case the service as deserved by the Complainants not properly done by the IRCTC even after taking charge for the said service by the Railway authority from the passengers for which the O.P. No. 1,2&3 cannot evade their liability. The Railway authority should be vigilant in this situation.
This proceeding runs with Ex-parte against the O.P. No. 1&4. The IRCTC could play vital role against the allegation made by the Complainants. But the O.P. No.4 did not come forward that seems it has nothing to challenge the allegation of the Complainants.
In the light of the foregoing discussion and materials to its entirety, we have no hesitation but to hold that by not providing due service the O.Ps fall within the ambit of Section 2(1)(g)of the C.P. Act, 1986.
Thus, it is proved from each and every corner that the O.Ps have deficiency in service.
Thus, the complaint succeeds.
ORDER
Hence, it is ordered that,
The present Case No. CC/10/2015 be and the same is allowed on contest against the O.P. No.2 & 3 and in Ex-parte against the O.P. No.1 & 4 with cost of Rs.5,000/-. The O.Ps are hereby directed to refund the Food Charge of Rs.255/- @ 85/- per Complainants. The O.Ps are further directed to pay the Complainants Rs.15,000/- as compensation for their unnecessary harassment. The entire order shall be complied with by the O.Ps jointly and/ or severally within 45 days i/d the O.Ps shall have to pay Rs.100/- for each day’s delay and the amount so accumulated shall be deposited to the Consumer Welfare Fund.
It is also directed that the O.Ps will issue the cheque in favour of the Complainant No. 1 for avoiding further harassment. The Complainants will get the ordered amount equally.
Let a plain copy of this Order be supplied to the parties concerned by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action, as per rules.
