State Consumer Disputes Redressal Commission
Ravi Dutt Joshi vs Irctc Ltd. on 3 October, 2012
IN THE STATE COMMISSION:DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 3.10.2012 Complaint No. 12/63 Shri Ravi Dutt Joshi Complainant S/o Late Sh. Trilok Chand Joshi, R/o H.No. A-300, Gali-08, South Gamari Extension, Post Office-Moujpur, Delhi-110053. Also at: H.No. C-191, LIG DDA Flat, East of Loni Road, Shahdara, Delhi. Versus 1.Indian Railway Catering & Opposite Parties Tourism Corporation Ltd. Through- Joint General Manager/In Charge At Rail Yatri Niwas Building, New Delhi Railway Station Complex, Ajmeri Gate Side, New Delhi-110002. 2. Union of India Through the General Manager, Northern Railway, Baroda House, New Delhi. CORAM Ms. Salma Noor Member
Mr. V.K. Gupta ... Member(Judicial)
1. Whether Reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Mr. V.K. Gupta(Oral)
1. Heard the Ld. Counsel for the complainant at the admission stage.
2. This complaint has been filed to issue a direction to OP for Rs. 30 lakh as compensation and Rs. 51,ooo as legal expenses and lawyers fees with the allegation that two packages were taken from the OP which includes the journey by steamer/boat from Ganga Sagar in West Bengal and in the said steamer, the complainant and his wife were also travelling, but all of a sudden got turtle and nine passengers died in the said accident by sinking in the water including the complainants husband. This took place on account of gross negligence and carelessness on the part of the OP No. 1 & 2. The complainant has paid Rs. 6,156/- for the entire package.
3. It is significant to note that the complainant has not filed any document to show that he paid Rs. 6,156/- to the OPs and no reason is forthcoming as to why the receipt of the payment has not been filed. Further, the terms and conditions of the package tour which was given by the OP has not been filed nor any document has been filed to show that the package which was given by the OPs includes the journey by steamer/boat. In the absence of these documents, it cannot be said that the OP has taken any charges for the services. According to the averment made by the complainant herself, the accident took place on the steamer/boat inasmuch as it suddenly got turtle and nine passengers died in consequence thereof. It is also admitted by the complainant in the complaint that the West Bengal Government has already paid Rs. One lakh to the relation of the disceased who died in that accident.
4. By no stretch of imagination, it can be said that there is deficiency in service.
5. The complaint is dismissed at the admission stage.
(Salma Noor) Member (V.K. Gupta) Member(Judicial) ysc