Chandigarh

DF-II

CC/71/2017

P.P Singh - Complainant(s)

Versus

Union of India, Ministry of Railways - Opp.Party(s)

Madhu P. Singh Adv.

04 Sep 2017

ORDER

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

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Consumer Complaint  No	:	71 of 2017
Date  of  Institution	:	23.01.2017
Date   of   Decision	:	04.09.2017

 

 

 

 

P.P.Singh, R/o House No.106, Sector 11-A, Chandigarh  

                      …..Complainant

Versus

1]  Union of India, Ministry of Railways, through Chairman, Railway Board, Rail Bhawan, Raiseena Road, New Delhi

2]  Indian Railway Catering and Tourism Corporation Ltd., B-148, 11^th Floor, Statesman House, Barakhamba Road, New Delhi 110001, through its Chairman and Managing Director.

3]  Indian Railway Catering and Tourism Corporation Ltd., SCO No.80-82, 3^rd Floor, Sector 34-A, Behind Piccadilly Cinema, Chandigarh 160022

4]  Divisional Railway Manager, Northern Railways, Ambala.

5]  Station Master, Railway Station, Chandigarh.

6]  The Deputy Train Suptd. Sh.Vimal Sharma, through Station Master Railway Station, New Delhi.

                          ….. Opposite Parties

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

                                SH.RAVINDER SINGH              MEMBER 

 

Argued by :     Sh.Madhu P.Singh, Advocate for complainant

                Sh.Rajesh Khurana, ADv. for OPs No1, 4 to 6

                Sh.Sukhwinder Singh, Joint G.M. Office of            OPs No.2 & 3.

  

PER PRITI MALHOTRA, MEMBER

 

 

          Briefly stated, the complainant travelled from New Delhi to Chandigarh on 9.6.2016 through Shatabdi Train of Opposite Parties at 7:15 PM and reached the destination at 10:45 PM against e-Ticket Ann.C-1 which includes catering charges as well. It is averred that during the journey, the meal so served, was loosely packed, dal/gravey got spilled in the tray and the food was served in wet & dirty trays in unhealthy and unhygienic manner.  It is also averred that the complainant after eating a few morsels of prantha with paneer gravy opened the lids of other food items i.e. dal and rice and was shocked to notice the presence of some dead insects and foreign matter in the same, which was shown to the catering staff, who felt apologetic and removed the tray containing contaminated food items.  It is submitted that the catering staff promptly brought another food tray, which complainant refused to accept as the food belonged to the same lot, as a result, the complainant has to remain hungry during the journey despite having paid for the meal. The matter was reported to the OPs and also mentioned in the complaint book made available by the Train Superintendent (Ann.C-3 & C-4), but still the grievance of the complainant was not redressed by the OPs.  It is pleaded that the passengers are provided food on board as a compulsory precondition and the price of the compulsory food is included in the ticket charges and this act of forced sale of meal, amount to unfair trade practice.  It is also pleaded that the OPs failed to discharge their statutory duties.   Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of the OPs, which caused harassment to the complainant.

 

2]       The OPs NO.2 & 3 (IRCTC) have filed reply stating that they have no role in providing the catering service on the Train No.12045 – New Delhi to Chandigarh Shatabadi Express and that the catering service on the said train is provided by Northern Railway, post Catering Policy 2010, as such answering Opposite Parties have no role and have wrongly been made party in the present case. It is stated that the answering OPs have been entrusted with the assignment to provide access to Railway Passenger Reservation System through its server and internet connectivity to book online ticket.  Denying rest of the allegations, the OPs No.2 & 3 have prayed for dismissal of the complaint qua them. 

         The Opposite Parties No.4 to 6 have filed joint reply and while admitting the factual matrix of the case, stated that the food items were packed to its quality and quantity, the allegation that during multiple handling and storage, liquid items like Dal got spilled in the tray, the claim thereof is not correct.  It is submitted that the food was served in a most hygienic and in a most presentable manner upto the standards; the staff serving the food are caring utmost so far as the presentation and the upkeep is concerned; there were no insects as had been claimed, the electronic communication could have been made immediately regarding insects and the photographs, if at all insects were there could have been clicked, no co-passenger ever complained about any such incident so alleged.  It is vehemently denied that there was any insects in the food served to the complainant.  It is also submitted that when the complainant called from his mobile at a customer care number, Mr.Lalit attended the phone and there was no complaint of any insect, there was a complaint of the uniform of catering staff and the grouse of the complainant is not correct.  It is denied that there is any foreign insect in the food served to the complainant, as alleged.  It is pleaded that there was no complaint of such like condition of food by any other passenger travelling in the train.  It  is also pleaded that the said allegations are if at all taken on the face of it, the same would have been noticed by other passengers, but there has been no complaint or protest from any other co-passenger, the said complaint, the version thereof, is thus beyond the scope of belief. Pleading no deficiency in service and denying rest of the allegations, the OPs NO.2 to 6 have prayed for dismissal of the complaint. 

         The Opposite Party No.1 did not file reply and instead moved an application for deletion of its name from the array of parties being not a necessary party in the complaint, which was replied by the complainant thereby stating that Opposite Party No.1 is necessary party to address the grievance of the complainant regarding deficiency in service and unfair trade practice having been indulged by the OPs. 

         Rejoinder has also been filed by the complainant thereby reiterating the assertions as made in the complaint and controverting that of the OPs made in their reply.  

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the complainant and have also perused the entire record.

 

6]       It is well proved on record that the complainant travelled from New Delhi to Chandigarh on 9.6.2016 through Shatabdi Train No.12045, having scheduled departure at 19:15 hrs and scheduled arrival at 22:45 hrs.   The present complaint is in regard to the supply of appalling quality of food, which was served as part of paid service as the complainant paid Rs.521/- for the purchase of ticket, which includes Rs.130/- as Catering Charges.  The complainant has duly discharged his burden of proof by placing on record Ann.C-3 & c-4 establishing that the above disputed matter regarding the unhygienic food served during the said journey was duly brought to the notice of concerned authorities. Ann.C-3 is the details of SMS message sent by the complainant to the General Manager QC (Quality Control) on 9.6.2016 while travelling in the Train, and the same is reproduced as under for the sake of convenience:-

“Complaint book not provided despite several requests.  Major deficiencies 2647292342 in service.  Your number is also not responding. PP Singh Advocate, PNR 2647292342. 106/11A, Chandigarh”

 

7]       It is one of the allegation of the complainant that he sent the above SMS message on the given number of General Manager Quality Control because he failed to pick his mobile when was called for by the complainant in order to convey his grievance regarding serving of unhygienic food and this number was available on the body of the Menu placed in the tray in which the food was served to him (Ann.C-2).

 

8]       Annexure C-4 is the complaint registered by the complainant in the complaint book of the OPs, which the complainant claimed to have been provided to him at the fag end of the journey at 10:30 PM against the repeated requests made by him. The perusal of the complaint Ann.C-4 reveals that the complainant recorded his grievance with regard to serving of unhygienic food to him during the journey.

 

9]       In regard to the action taken by the OPs against the complaint made by the complainant vide SMS as well as the complaint made in the complaint book of the OPs, the record before us from the side of the Opposite Parties is silent.

 

10]      The pleas putforth by the OPs in their respective replies is not appealing to the senses as they tried to escape from the liability, if any, fixed in this complaint.

 

11]      It is stated by representative of OPs NO.2 & 3 (IRTC) that OPs No.2 & 3 a public sector enterprises, have been entrusted with the assignment to provide access to Railway Passenger Reservation system through its server and internet connectivity to book online ticket and that OPs No.2 & 3 have no control over the operation, management of Passenger Reservation System (PRS), trains, catering services and working of zonal railways.  It is also stated that the catering service on Train No.12045, New Delhi-Chandigarh Shatabadi Express is provided by Northern Railway post Catering Policy 2010 and as such they have no control over the catering services.

 

12]      It is suffice to mention that the plea taken by OPs No.2 & 3 is of no help to them as in our opinion though the IRCTC is a public sector undertaking, but it is being owned and governed by the Ministry of Railways, Govt. of India, to provide better catering services to the passengers. The question of fixation of liability is the interse matter between the OPs and in our view all the Opposite Parties have rightly been arrayed as party to the present complaint.

 

13]      The plea taken by OPs No.4 to 6 is that the complainant had not clicked any photographs of the infected food, which he claimed to have contained insect/foreign article.  Further, they pleaded that no co-passenger ever complained about any such things, as alleged by complainant.  We decline all the pleas raised by the Opposite Parties as instead of placing on record any details of the action taken by them on the complaint made by the complainant one through SMS and another in the complaint book, they are coming with such absurd pleas.  When the matter was duly apprised to them, then it was their bounden duty to enquire the matter at their own level and in case they require any cooperation from the co-passengers, then they could themselves seek the same, but cannot throw the liability on the complainant to cater their requirements. It was not incumbent on the part of the complainant to get the statements of the co-passengers recorded.  No document in the shape of Report regarding quality control management has been placed on record by the Opposite Parties. 

 

14]      The complainant when comes across the given situation i.e. when was served with infected food, he rightly acted as a prudent person registered his complaint in the complaint book of the OPs, which was a right action taken up by him in the given situation. The complainant duly tried to contact on the given number to get his complaint registered with the Quality Control Manager of the OPs, whose number was mentioned on the menu, but failed to contact him.

 

15]      The objections of the OPs that the complainant had not made Satyam Caterers Pvt. Ltd. as party to the present compliant, who is the contractor for OPs No.3 to 5, is not sustainable as it is an internal matter of the  OPs to engage a contractor to provide services and they themselves have to check and control the services so provided.      

 

16]      In view of the above findings, we are of the opinion that there is clear cut deficiency in service proved on the part of the OPs, as a result the complainant suffered mental & physical harassment. Accordingly, the complaint is allowed against Opposite Parties with following directions:-

1. To refund the catering charges of Rs.130/- to the complainant;

 

2. To pay an amount of Rs.10,000/- to the complainant as compensation for causing him harassment for their deficient services and also for thrusting litigation.
3. To pay & deposit an amount of Rs.20000/-, being penalty for the irregularity committed, with Institute for The Blind, Sector 26, Chandigarh, against valid receipt (copy of which shall also be deposited with the Office of District Forum-II, UT, Chandigarh) within the stipulated period as mandated hereunder.

         This order shall be complied with by the OPs jointly & severally within a period of 30 days from the date of receipt of copy of this order, failing which the OPs shall also be liable to pay interest @9% p.a. on the compensation as well as penalty amount from the date of filing of this complaint till realization, apart from complying with the directions as at sub-para (i) above.

         In case the OPs failed to deposit the penalty amount with Institute for The Blind, Sector 26, Chandigarh, the Head of that Institute shall be at liberty to take appropriate recourse of law, which it deem proper, in order to recover the awarded penal amount.

        Certified copy of this order be communicated to the parties, as well as to The Principal/Head of Institute for The Blind, Sector 26, Chandigarh, free of charge. After compliance file be consigned to record room.

Announced

4^th September, 2017                                                      Sd/-

                                                                   (RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER