IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Prethakumari: Member Smt.M.D.Jessy: Member Dated this, the 6th day of October 2009 CC/26/2009 C.P.Usman, Safeekhar, Kayyath Road, Complainant Thalassery. 1. Commercial Manger, Indian Railway Division Office, Palakkad Division, Olavakkode P.O. Opposite parties 2. Section Officer, Railway Ticket reservation Section, Thalasery Railway Station., P.O.Thalassery. (Rep. by Adv.K.Vinodraj) O R D E R Sri.K.Gopalan, President This is a complaint filed under section12 of consumer protection act for an order directing the opposite party to refund Rs.525/- and to pay Rs.25, 000/- as compensation along with the cost of this proceedings. The case of the complainant in nutshell is as follows; the complainant booked a ticket from ‘Thalassery to Ajmeer by train No.6338 dt.21.6.2007.Two tickets were issued; one up to Ahammadabad and the other ticket from Ahammadabad to Ajmeer. Complainant paid Rs.525/-. The reservation clerk wrote on the PNR.No.445-5120532 ticket as 9105/22/6/07. As it is written so the complainant thought the starting date of journey was on 22.6.07. He reached to Railway station on 22.6.07 and under stood the train has left previous day. When it was enquired the officials answered in an insulting manner ridiculing the complainant. Complainant suffered much shame in front of the public as well as members of the family. He has also lost an opportunity of employment. Complainant sent a registered letter asking to return the ticket fare. Though he has received the letter no reply was sent. Hence this complaint. In pursuance of notice opposite party entered appearance and fled version. The contents in the version briefly are as follows; the complainant reserved ticket from Thalassery to Ajmeer station by train No.6338 ( Okha Express) dt.21.6.2007 up to Ahammadabad and from there to Ajmeer by train No.9105 (Haridwar Mil) dt.22.6.07. The ticket issued on 8.5.07. The reservation clerk has written train No.9105 dt.22.6.07 on the face of the journey ticket. Opposite party denied all other averments of the complainant. Opposite party issued reservation ticket as per the request of the complainant in the prescribed format. The date and train are to be decided and filled by the passenger and the ticket was issued as per the request of the complainant. The first slip issued is the journey ticket from Thalassery to Ajmeer/reservation ticket up to Ahammedabad. Details regarding the fare, reservation charges destination station etc. are printed in the slip. The second slip having No.44852367 is the reservation ticket by traino.9105 dt.22.6.07 from Ahammadabad to Ajmeer. The second reservation slip is valid only when it is accompanied by the first ticket. The scheduled departure timing of the train are printed in the tickets. It is a fact that the clerk has written on the face of the journey ticket the trainNo.9105 dt.22.6.07. This is an indication for his onward journey from Ahammedabad and it was a precaution in order to help the passenger. There is no deficiency in service. Hence to dismiss the complaint. On the above pleadings the following issues have been taken for consideration. 1. Whether there is any deficiency in service on the part of the opposite parties? 2. Whether the complainant is entitled to any relief as prayed in the complaint? 3. Relief and cost? The evidence consist of the oral testimony of PW1, Ext.A1 to A3.opposite party has no oral or documentary evidence. Issue Nos. 1 to 3 Admittedly complainant is a consumer who has reserved a ticket from Thalassery to Ajmeer. Two tickets were issued one to “Ahammedabad by OKHA Express and the other from Ahammedabad to Ajmeer by Haridwar Mail. The ticket issued on 8.5.07. The reservation clerk has written on the face of the ticket PNR.No.445-5120532 as follows: 9105 The complainant’s case is that seeing thing writing over the ticket 22/06/07 he was under the impression that the starting day of journey was on 22.6.07. He went to station on 22/6/07 but learnt that the train had already been left on 21.6.07. Whereas the case of the opposite party is that it was written train number and date on the ticket as an indication for his onward journey from Ahammadabad and was a precaution in order to help the passenger. Ext.A1 and A2 are the tickets.Et.A1 bears the writing 9105/22/06/05., But it can be seen that date of journey is clearly printed on the second line of the ticket in the prescribed place. Ext.A2 bears the date 22.6.2007 and the print Ahammedabad JN-Ajmeer JN which clearly indicates that it is the ticket for the journey from Ahammadabad to Ajmeer. There is no overwriting on the fact of this ticket. The bottom line of the ticket it is clearly printed as follows: “: HARIDWAR MAIL BAORDING AHMEDABAD JN 22-06-2007 SCHEDULED DEP 09:50” This last line alone is quite sufficient to make assure that this ticket is meant for the journey on 22.6.2007 from Ahmedabad to Ajmeer by Hridwar Mail. In Ext.A1 also on the top middle portion the date of journey is printed as 21.6.2007. In the bottom line it is written as “OKHA EXPRESS BOARDING THALASSERY 21.6.2007 SCHEDULED DEP 01:45” Hence it can be seen that the date of journey quiet clearly printed on the face of the Ticket. If complainant happened to be misunderstood with the date as 22.6.07 what he has understood by the writing 9105. He could have tried to understand what is meant by 9105. Complainant was not at all vigilant to understand things properly. Moreover the date of journey is not determined by opposite party. Opposite party is not expected to decide the date of journey. Reservation ticket issued by opposite party on the basis of the particulars written on the prescribed form. That has not been disputed. If that be so at the time when complainant misunderstood the date of journey as 22.6.2007, he could also realize very well it was not the date which he asked to issue ticket but one day late. It is pertinent to note that complainant has no case that the date written in the form is different. It is 21.6.07 itself. Then what prevented him to clear doubt of the date on the ticket seen different. Does it mean that taking both tickets Exts.A1 and A2 in hand he could only understand the date 22.6.07 as the content of the tickets? Does it mean that he has looked only to that content of the ticket alone? Can it be taken no other content of the ticket except 22.6.07 on Ext.A1 come to the notice of the complainant? If that be so the complainant is very much negligent. The law aid the vigilant not the negligent leges vigilantibus non dormientibus, subveniont.Opposite party cannot be blamed on this ground of writing on the face of the ticket since it is a usual practice followed for the convenience of better understanding and easy handling of ticket which is expected to be continued in future also as a guidance for the passengers. The complainant is not entitled for compensation on this ground. However, it can be seen that complainant is a consumer. Opposite party is bound to accept the status of the complainant as a consumer. Indian Railway is a prestigious institution, which is one of the largest in the world. Nation expects a qualitative leap in its all-round dealings and the officials are bound to keep up the standard proudly without fail. It can be seen that the complainant herein sent a registered notice on 7.7.07 to Divisional Commercial officer demanding to refund the ticket fare. Ext.A3 proves that opposite party has received the notice. But he has not sent any reply. As a consumer complainant is entitled to get a reply. Opposite party is morally and legally bound to send the reply. Non reply of this letter is a disrespect shown to a consumer ignoring the feeling of an aggrieved person. Whatever may be the reasons the complainant has suffered much mental pain and economic loss due to the unfortunate event of braking of his journey, though it is difficult to understand how does the wrong understanding with respect to the date of journey crept in his mind under those circumstances, the officials are expected to deal those problems in a sympathetic way, bearing in mind that it would ameliorate the standard of most prestigious institutions of our nation that crates much proud in the mind of each and every citizen of India. Opposite party has placed no good reasons for not replying the notice of complainant. The abhorrence on the part of opposite party, in replying the notice amounts to deficiency in service that creates liability. In the light of the above discussion we are of opinion, in the interest of justice, the opposite party is liable to refund the ticket fare Rs.525/- together with Rs.275/- as cost of this proceedings. Hence issues 1 to 3 are found partly in favour of complainant. In the result, the complaint is allowed partly directing the opposite parties to refund the ticket fare Rs.525/-(Rupees Five hundred and twenty five only) together with Rs.275/- (rupees Two hundred and seventy five only) as cost of this proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant is entitled to execute the order against the opposite parties as per the provisions of consumer protection act. Sd/- Sd/- Sd/- President Member Member Appendix Exhibits for the complainant A1&A2.Ticket issued by OPs A3.Postal acknowledgement card Exhibits for the opposite parties: Nil Witness examined for the complainant PW1.Complainant Witness examined for the opposite parties: Nil /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur.
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
