SHANTI BHATT Vs. INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD.
INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD.
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V.K. Jain,J. -
(1.) In FA No. 97 of 2013 husband of the complainant/appellant and in FA No. 237 and 238 of 2013 wife of complainants/appellants purchased Bharat Darshan package from respondent No. 1 IRCTC by paying a sum of Rs. 6156/- to IRCTC for the said package. Under the package the appellants/complainants were to be taken on a tour namely Bharat Darshan. According to the complainants the package included journey by train, bus and streamers from New Delhi and back.
(2.) On 15.09.2018 the above-referred persons boarded a boat/ steamer which was to take them from Lal Bazar to Gangasagar. According to the complainants that said steamer was provided/hired by IRCTC. The requisite safety measures such as divers and lifeguards on-board the steamer were not provided nor any medical facility was available on the steamer. When the steamer reached near Kakdwip in West Bengal it suddenly turned, turtle as a result of which nine passengers including the above-referred family members of the complainants died by sinking in the water. No compensation, however, was paid to the complainants. Alleging negligence, carelessness and defect in the service rendered to them by IRCTC the complainants approached concerned State Commission by way of three consumer complaints.
(3.) The Complaints were resisted by the respondents.;
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