West Bengal

Darjeeling

CC/7/2023

Nikhil Mohpal - Complainant(s)

Versus

YESCOM INDIA SOFTECH PVT LTD - Opp.Party(s)

13 Dec 2023

ORDER

                                                              

                                                                               Govt. of West Bengal

                                          District Consumer Disputes Redressal Commission, Darjeeling

                                                          24, M.C. Road, Chota Kak Jhora, Darjeeling.

                                                                P.O & Dist. Darjeeling. Pin-734101.

                                                         

                                                             HEADING OF THE JUDGMENT

                                                              Consumer Complaint No 07/2023

Complainant/ Petitioner                                           Sri. Nikhil Mohpal,                                       

R/o. 11/2, Pradhan Cottage, Near Cambridge, English,M.V. Road, Ward No. 13, P.O., P.S- Kurseong, District- Darjeeling,PIN-734203

 

Opposite Party/ies

1. YESCOM INDIA SOFTECH PVT. LTD(Rail Restro),

having its registered office at ;Software Technology Parks of India   School,Incubation Unit- Ganga-2,3,4Near Govt. Polytechnic,Rajeev Nagar Toad, Patiliputra Colony, Patna, PIN- 800013.

2. Manish Kumar (Director),

Software Technology Parks of India,

Incubation Unit- Ganga – 2,3,4 , Near Govt. Polytechnic,     Rajeev Nagar Road.

                                                                        3.    Suman Priya (Director),

                                                                               Software Technology Parks of India,

                                                                                             Incubation Unit- Ganga – 2,3,4,

                                                                                             Near Govt. Polytechnic,

                                                                                             Rajeev Nagar Road.

 

Present:-   Sri. Siddhartha Ganguli................Hon’ble President-in- Charge

                   Smt. Bhawana Thakuri................ Hon’ble Member( Female)

 

 Ld. Advocate for the Complainant:-  Sri. Ankur Agarwal

    Ld. Advocate for the O.Ps:- Ex-parte.              

                             F I N A L      O R D E R

One application has been filed by the Complainant U/S 35 of the Consumer Protection Act, 2019 alleging deficiency in service on the part of the Opposite Parties due to providing stale food to the Complainant while making journey from New Jalpaiguri Junction (NJP) to Kamakhya Junction (KYQ) in the North East Express on 26.05.2023 and therefore he files this case for compensation to the tune of Rs. 10,00,000/- (Rupees Ten Lakh only) for mental harassment , agony etc and further prays for compensation to the tune of Rs. 5,00,000/- (Rupees Five Lakhs) for negligence and deficiency in service on the part of the Opposite Parties and further prays for cost of the proceeding to the tune of Rs. 1,00,000/- (Rupees One Lakh only).

     The sum and substance of the case of the Complainant is that he was travelling in the North East Express ( Train No:12506) on 26.05.2023 and  had placed an order to Rail Restro under the Opposite Party No.1 through their website (www.railrestro.com) and he ordered Paneer Kadhai and Roti combo (Quantity -2) from one of its restaurant partner namely “Spice-up” vide Order No. 2599556 and for that he had made a payment of Rs. 310.80/-(Rupees Three Hundred and Ten and Eighty Paise only) and it is said by the Complainant that the said order was supposed to be delivered at the New Bongaigaon Station.

 

     It is further stated by the Complainant that when the food arrived at the designated station, the Complainant and his friend quickly unwrapped it and found that the food looked and tasted miserable and so not consumable and accordingly the Complainant had thrown away the same. It is further stated by the Complainant that the Kadhai Paneer was full of oil and the paneer pieces were swimming on tip of the oil.

       It is further stated by the Complainant that the Roti was also stale and hard. The Complainant and his friend was shocked and they lost their appetite through their train journey and alleged deficiency in service on the part of the Opposite Parties.

      The complainant further stated that immediately after the incident on the same date i.e on 26.05.2023, the Complainant took up the matter with the Opposite Party No.1and sent an e-mail alleging his grievances and requested to take up the matter urgently but unfortunately, the Opposite Party on 28.05.2023 sent one casual reply and admitted their guilt but miserably failed to solve the grievance of the Complaint.

     The Complainant further sent one reply through e-mail but the Opposite Party No. 1 did not respond to his e-mail till the presentation of this case and the Complainant therefore, alleged deficiency in service and adopting unfair trade practice on the part of the Opposite Parties.

     The complainant finding no other alternative sent one Legal Notice to the Opposite Party on 13.06.2023 and the Opposite Party No. 1, 2 and 3 received the said Legal Notice on 19.06.2023 but the Opposite Parties after receiving the Legal Notice did not bother to file a reply to the Complainant’s Legal Notice and the Consumer Dispute of the Complainant has not been redressed by the Opposite Parties and therefore, the Complainant finding no other alternative approached this Commission and filed this case for proper redressal and prays for the following reliefs:-

Reliefs Sought For:-

 

 The Opposite Parties No. 1 to 3 to pay a sum of Rs. 10,000,000/- (Rupees Ten Lakhs) only for the immense mental harassment and agony caused to the Complainant.
The Opposite Parties  No. 1 to 3 to pay a sum of Rs. 5,00,000/- ( Rupees Five Lakhs) only as compensation for negligence and deficiency in service.

 

The Opposite Parties Nos. 1 to 3 to pay litigation cost to the Complainant to the tune of Rs. 1,00,000/- ( Rupees One Lakh) only.

 

The Complainant along with his Complaint petition files the following documents in order to prove his case:-

 

Copy of Adhar Card of the Complainant.
Copy of Return Mail sent by the Opposite Party dated 28.05.2023.
Copy of mail dated 26.05.2023.
Copy of the mail dated 29.05.2023.
Copy of return mail dated 29.05.2023.
Copy of mail dated 29.05.2023.
Copy of mail dated 30.05.2023.

 

       And these mails have been done by the Complainant and the Opposite Parties and they made correspondence regarding the subject matter of the case.

       The Complainant further files copy of Advocate Letter dated 13.06.2023, addressing the Opposite Parties no. 1, 2 and No. 3 along with the copy of Postal Receipt and Postal Track consignments.

 

      The NOTICES were issued from the office of this Commission to the Opposite Parties with a direction to file Written Version and it is not seen from the case record that the Opposite Party No. 1,2 &3 have received the respective  NOTICES on 07.10.2023.

      Despite receiving NOTICES, the Opposite Parties did not turn up before this Commission.

     Therefore, this Commission decided to proceed with the case ex-parte against the Opposite Parties No. 1, 2 & 3.

    The Complainant also adduced evidence by way of Written Affidavit- in- Chief and submitted some documents along with it. He also filed Brief Notes of Argument and made oral argument.

     From the Complaint Petition, Evidence of the Complainant and other materials on record, the following points have been framed:-

Is the Complainant a Consumer under the Opposite Parties?
Are the Opposite Parties deficient in providing services?
Is the Complainant entitled to get any relief as per law?

 

DECISION     WITH     REASONS

      All the points have been taken up together for the sake of brevity, avoidance of repetition of facts and convenient for discussion.

 

       It is seen from the evidence of the complainant that the Complainant was travelling in the North East Express ( Train No:12506) on 26.05.2023 and  had placed an order to Rail Restro under the Opposite Party No.1 through their website (www.railrestro.com) and he ordered Paneer Kadhai and Roti combo (Quantity -2) from one of its restaurant partner namely “Spice-up” vide Order No. 2599556 and for that he had made a payment of Rs. 310.80/-(Rupees Three Hundred and Ten and Eighty Paise only) and it is said by the Complainant that the said order was supposed to be delivered at the New Bongaigaon Station.

        It is further stated by the Complainant in his evidence that when the food arrived at the designated station, the Complainant and his friend quickly un-wrapped it and found that the food looked and tasted miserable and so not consumable and accordingly the Complainant had thrown away the same. It is further stated by the Complainant in his evidence that the Kadhai Paneer was full of oil and the paneer pieces were swimming on tip of the oil.

                                                                                                           

       It is further stated by the Complainant that the Roti was also stale and hard. The complainant further stated in his evidence that immediately after the incident on the same date i.e on 26.05.2023, the Complainant took up the matter with the Opposite Party No.1and sent an e-mail alleging his grievances and requested to take up the matter urgently but unfortunately, the Opposite Party on 28.05.2023 sent one casual reply and admitted their guilt but miserably failed to solve the grievance of the Complaint.

     The Complainant further sent one reply through e-mail but the Opposite Party No. 1 did not respond to his e-mail till the presentation of this case and the Complainant therefore, alleged deficiency in service and adopting unfair trade practice on the part of the Opposite Parties.

 

     The complainant finding no other alternative sent one Legal Notice to the Opposite Party on 13.06.2023 and the Opposite Party No. 1, 2 and 3 received the said Legal Notice on 19.06.2023 but the Opposite Parties after receiving the Legal Notice did not bother to file a reply to the Complainant’s Legal Notice and the Consumer Dispute of the Complainant has not been redressed by the Opposite Parties and therefore, the Complainant finding no other alternative approached this Commission and filed this case for proper redressal.

      The Complainant cited one Judgment of the Hon’ble N.C.D.R.C, being R.P No:- 156 of 2020, dated 05.02.2020, wherein Hon’ble Commission was pleased to observe that “the onus to prove the case would be upon the Complainant only and if a customer files an affidavit in the Consumer Complaint instituted by him stating therein that the food served to him was rotten/stale/ inferior in quality, such an affidavit will be sufficient to discharge the initial onus placed upon the customer, unless it is shown that the complaint was motivated or was actuated by extraneous considerations….....The onus which was placed upon the Complainant/Respondent in this matter , in my opinion, had been duly discharged by the affidavit filed by him coupled with the medical certificate from doctor who certified that the complainant had suffered from food poisoning and was under his treatment for a few days”.

        The ratio of the Judgment has some relevance in this instant case. 

        The unchallenged testimony of the Complainant proves the case.

        Regarding quantum of compensation, we have considered the nature, gravity and facts of the case and the harassments suffered by the Complainant and taking all these aspects we are of the view that an amount of Rs. 5000/(Rupees Five Thousand Only) would be just and proper in order to mitigate the sufferings of the Complainant and therefore an amount of Rs.5,000/ ( Rupees Five Thousand Only) is awarded as compensation and Rs.3000/( Rupees Three Thousand Only) is awarded as cost of the proceeding.

        The Complainant has able to prove his case and hence the case of the complainant deserves to be allowed.

 

        Here, the O.P No:1 is the Rail Restro Company and the O.P No:2 & 3 are the directors of the same Company. Therefore all the O.Ps are conjointly responsible for the wrong done towards the Complainant.

       Therefore, we are of the view that all the O.Ps were negligent and deficient in providing service to the Complainant and the Complainant is entitled to get relief but in part.

Accordingly,

      It is Ordered that the Consumer Complaint, being No. C.C- 07 of 2023 is allowed Ex- Parte, but in Part.

 All the Opposite Parties are directed to pay, either jointly or severally, a sum of Rs.310.80/-(Rupees Three Hundred and Ten and Eighty Paise only) to the Complainant as cost of the food ordered by the Complainant during travelling in the North East Express ( Train No:12506) on 26.05.2023, within 45 days from the date of this order.

 Further, all the Opposite Parties are directed to pay, either jointly or severally, a sum of Rs.5,000/( Rupees Five Thousand Only) to the Complainant as compensation for mental pain, sufferings etc. within 45 days from the date of this order.

 Further, all the Opposite Parties are directed to pay, either jointly or severally, a sum of Rs.3,000/( Rupees Three Thousand Only) to the Complainant for cost of the proceeding within 45 days from the date of this order.

 

 In default of whole or any portion of the order by the O.Ps ( O.P No:1 to 3), the Complainant is at liberty to put into the order under execution as per the provision of the C.P.Act,2019.

Let free copy of this final order be supplied to each of the parties as per the provision of the C.P.R,2020.