| Complaint Case No. CC/82/2019 | | ( Date of Filing : 21 Sep 2019 ) |
| | | | 1. (1) Mancham Srinibas Rao | | At. Padhan pali, Patkulunda, Po. Patkulunda, Ps. Barpali, Dist. Bargarh | | Bargarh | | Orissa | | 2. (2) Gopal Padhan, | | Son of Ekadashia Padhan, aged about 42 years, At/Po. Patkulunda, Ps. Barpali, Dist. Bargarh | | Bargarh | | Orissa | | 3. (3) Narendra Padhan, | | S/o. Parsuram Padhan, aged about 52 years, At/Po. Patkulunda, P.s. Barpali, Dist. Bargarh | | Bargarh | | Orissa |
| ...........Complainant(s) | |
| Versus | | 1. (1) Jasidihi Railway Junction of Eastern Railway | | At/Po/Ps. Jasidihi, Dist. Deogarh (Jharkhand) Represented through Divisional Railway Manager (DRM) Railway, Ashansole (West Bengal) | | Deoghar | | Jharkhand | | 2. (2) DRM (Divisional Railway Manager) Sambalpur | | At/Po/Ps. Khetrajpur, District. Sambalpur. | | Sambalpur | | Orissa |
| ............Opp.Party(s) |
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| Final Order / Judgement | Date of filing:- 21/09/2019. Date of Order/Judgement:-28/03/2023. DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION, B A R G A R H. Consumer Complaint No. 82 of 2019. - Mancham Srinibas Rao, Son of Mancham Kandal Rao, aged about 46 years, At. Padhan pali, Patkulunda, Po. Patkulunda, Ps. Barpali, Dist. Bargarh.
- Gopal Padhan, Son of Ekadashia Padhan, aged about 42 years, At/Po. Patkulunda, Ps. Barpali, Dist. Bargarh.
- Narendra Padhan, S/o. Parsuram Padhan, aged about 52 years, At/Po. Patkulunda, P.s. Barpali, Dist. Bargarh.
Complainants. V e r s u s DRM (Divisional Railway Manager) Sambalpur, At/Po/Ps. Khetrajpur, District. Sambalpur. Sanjay Sales, represented through its Proprietor, Authorised Dealer of Videocon, Goushala Complex, near Gandhi Chowk, Bargarh, Po/Th. Bargarh, Ps. Bargarh (Town) Dist. Bargarh-768028. Opposite Parties. Counsel for the Parties:- For the Complainant :- :- Sri Saroj Kumar Panda and Associates. For the Opposite Party:- :- Sri S.Mishra with Associates. -: P R E S E N T :- Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t. Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W). Dt.21/03/2023. -: J U D G E M E N T:- Presented by Smt. Anju Agrawal, Member (w):- - The Case of the Complainants are that the Complainants are permanent resident of their respective villages which comes under the Barpali police limits. That, the Complainants make out for a plan for travelling to Baba Baidyanath Dham and on their return the Complainants booked three seats in 3 tier A/C on Dt. 11/07/2019 for their Journey in KIR TATA LINK EXP (38182). The tickets were barred to travel from Josidihi Junction to Tata Nagar Junction in KIR TATA LINK EXP. (28182) and Rs. 1486.47/-(Rupees one thousand four hundred eighty six and forty seven)only paid through mobile application to Opposite parties and accordingly ticket was confirmed in 3 tier AC. The Complainants were given seats in 3 tier AC vide Nos. B2/51/UB , B2/54 UB, B2/56 (SU). When the Complainants went to the Railway station to board the train of Jasidihi Junction on the date and time fixed, the concerned T.T.I. asked the Complainants to show their tickets and on comparing the tickets with the confirmation chart, it was found that the afore mentioned 3 tier AC seats were not allotted to the Complainants. On enquiry it was found that they have been assigned seats in the sleeper class vide seat Nos. P1,S7,39, P2-S7,39, P3-S7,47 by the Opposite Parties/department. Despite of Confirmed ticket in 3 tier AC the Opposite parties have allotted seat in sleeper class, due to which the Complainant have sustained harassament, mental agony. Being, aggrieved this Complaint was filed before this Commission.
- The Case of the Opposite parties is that the Opposite party No.2 appeared before this Commission but did not file any version. Hence, Opposite party No.2 is set exparte on Dt. 07/02/2023. The Complainant filed a petition regarding deletion of Opposite party No.1, and hence the Opposite party No.1 was deleted.
- Perused the documents filed by the Complainants and following issues are framed:-
ISSUES:- - Whether the Complainant is a Consumer of the Opposite party No.2 ?
- Whether the Opposite party is deficient in its service ?
- What relief the Complainant is entitled for ?
Issue No.1 The Complainants have purchased tickets to travel from Jasidihi Junction to Tatanagar Junction on Dt. 11/07/2019 through Mobile application for 3 tier AC and paid Rs. 1486.47/-(Rupees one thousand four hundred eighty six and forty seven)only and Hence, the Complainants are Consumers of the Opposite party. The issue is answered accordingly. Issue No.2 The Complainants have purchased tickets for 3 tier AC to travel from Jasidihi Junction to Tatanagar Junction on Dt. 11/07/2019 and paid the fare accordingly. When the Complainants boarded the the train on Dt. 07/08/2019 they came to know that although having confirmed tickets of 3 tier AC they have been forced to travel in sleeper class. New the question arises, when a passenger books tickets in advance for a comfortable Journey, it is duty of the Opposite Party to inform the Complainants regarding any changes in the position of the reservation class. The Complainants despite having reservations in their 3 tier AC coach could not travel and this depicts the negligence on the part of Opposite Party. Passengers do take reservation in advance in the expectation of a comfortable Journey but here the Complainants suffered mental agony and hardship. Taking fare for 3 tier AC confirmed tickets and allotting seats in sleeper class amounts to deficiency in service on the part of Opposite Party. Hence, the case is in favour of the Complainant. Issue No.3 The Complainant is entitled for the relief Claimed. Accordingly it is ordered. O R D E R The Opposite Party is directed to refund Rs. 1486.47/-(Rupees one thousand four hundred eighty six and forty seven)only along with 9% interest from Dt. 07/08/2019 till realization to the Complainants within one month of this order. Further, the Opposite Party is directed to pay Rs.30,000/-(Rupees thirty thousand)only for mental harassment and Rs.5000/-(Rupees five thousand)only towards litigation expenses to the Complainants. Failing which the entire order will carry 12% intrest P.A. till realization. | | |
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Order pronounced in open court on 28th day of March 2023. Supply free copies to the parties. Typed to my dictation and corrected by me. I agree/- ( Smt. Jigeesha Mishra) (Anju Agarwal) Dt.28/03/2023 Dt.28/03/2023. P r e s i d e n t. M e m b e r (w) Uploaded by (Sri Dusmanta Padhan) Office Assistant. | |
