PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.19/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Manoj Kumar Mukhopadhyay,

Village-Churamonipur, Po-Makor Kole, Ps-Onda,

Dist-Bankura-722144, W.B.

Mob No. 7003555862/7278452489.                    .……….......Complainant.

Vrs.

1. Divisional Railway Manager, East Cost Railway,

Khetrajpur, Sambalpur-768003, Odisha.

2. General Manager, East Cost Railway,

Near Omfed, Chandrasekharpur, Bhubaneswar,

Odisha-751016, Call No. 06742300230              ...……….Opp. Parties

Counsels:-

1. For the Complainant                   :-         Self
2. For the O.P.s                                 :-         Sri. A.Nayak, Advocate

Date of Filing:14.02.2023,Date of Hearing :08.05.2023, Date of Judgement : 23.05.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The complainant filed this case against the O.Ps alleging deficiency in service. On 10.2.2023 the complainant booked a ticket for Sambalpur to Berhampur for Train No.18451 (Tapaswini Express). The scheduled time of arrival was 10.25 P.M. The complainant paid Rs170/- towards ticket No.UYB 68567332. The train arrived at 10.57 PM, 52 minutes late without any reason. On the same day the complainant had journey with valid ticket No. UYB 68567332 to Khurda road junction. On 11.2.2023 at 8.40 AM the said train arrived at Khurda Station. The schedule time was 4.35 on 11.2.2023. About 4 hours 05 minutes late the train arrived at Khurda Jnc. Station. Late arrival in the destination is a deficiency in service and gross negligence on the part of the Opp.Parties. The O.Ps collected express fair but failed to provide express service. The complainant could not reach the examination centre in time and faced physical and mental harassment. A complaint was lodged before the O.Ps but no any response was received. Being aggrieved this complaint was filed.
2. The Opp.Parties in their version submitted that the complainant purchased 2^nd super fast Ticket (un-reserved). The date, time of laws examination is not known to the Opp.Parties. The railway authorities have not given any assurance/agreement to the complainant towards date and time fixed by examiner to attend the/his examination. There is no/any super train running in between Sambalpur to Berhampur. The ticket was not booked for 18457   express from Sambalpur and it is neither a superfast train nor it was a train for Berhampur.

There is no any evidence to show that the complainant arrived Sambalpur late without reason and he travelled by the express train to Sambalpur. The train sometimes stopped other then it’s scheduled stoppage under unavoidable circumstances.

The train 18451 express arrived at Khurda railway station by 04.35 for late. During the picked hours the train very often suffers loss of time due to unavoidable circumstances, such as loco-stalling, signal failure, temporary speed restriction (observing elephant movements in that section ), ACP in the section effect is running and the train becomes delayed which is not at all intentional.

Whenever a passenger got reservation to a link or connecting train, he has to book his ticket according to his requirement and convenience. The complainant has no any reservation and proof of travelling by 18451 Express. The complainant has not mentioned in what way reached Berhampur. Tapaswini Express does not go to Berhampur railway station. There is no proof of boarding at Sambalpur station. The complainant took medical assistance at D.H.HQ, Sambalpur on 12.2.2023 at 12.13 but he has purchased ticket on 10.2.2023. The complainant is taking false plea of illness. There is no deficiency on the part of the Opp.Parties and the complaint is liable to be dismissed.

3. Perused the documents filed by the complainant:

1. Copy of Ticket No.685r67332 dated 102.2023 for Rs.170/- from Sambalpur to Berhampur.
2. Copy of Madhusudan Law University Admit Card Roll No.33 11221065, centre Ganjam Law College, Ganjam.
3. Complaint registered by Station Superintendent, E.Co.Rly, Brahampur dated 11.2.2023 Tapaswini Express.
4. D.H.H., Sambalpur C.R.No.211302300407539 in the name of Manoj Mookharji dated 12.02.2023, 12:13 Que No.222.
5. Tracking report 18451 Tapaswini Express (SBP-KUR) Arrived time 10.57 PM dated 10.2.2023, Bhubaneswar at 8.06 AM and 12508 Aranai Express (CTC-BAM) dated 11.2.2023. Wherein Arrival at Cuttack shown 6.55 A.M and arrival at Brahampur shown 12.05 P.M.
6. Identity Cared of Ganjam Law College session 2021-22 Roll No.123 of 3 years LL.B.
7. Mail to Ganjam Law College dtd.11.2.2023.

The Opp.Parties have not filed any documents except the authorization letter.

4. From pleading of the parties it reveals that the complainant as a student of Ganjam Law College on 11.2.2023 could not attend his 3^rd semester 5^th paper- Professional Ethics paper as he could not reach the Examination hall in time and alleged deficiency in service of the Opp.Parties.

The complainant started his journey from Sambalpur to Brahampur on 10.02.2023, Purchased 2^nd superfast un-reserved ticket from Rs.170/- and boarded in 18451-Tapaswini Express (SBP-KUR). From the documents and pleading of complainant it reveals that the complainant boarded Tapaswini Express at 10.57 P.M. on 10.2.2023 by that time the train was late by 52 minutes. The train reached Bhubaneswar at about 806 AM on 11.2.2023 and by that time it was late for about four hours. The complainant boarded train no.12508 Aronai Express (CTC-BAM) and the train departed Khurda Road Junction at 8.30 AM and reached Bhahampur at 12.05 P.M. As examination time was 10 A.M, the complainant was not allowed to examination late.

5. The complainants allegation is that due to delay of Tapaswini Express on 11.2.2023 he could not attend his examination in service of the Opp.Parties.
6. The Opp,.Parties have not explained why the train no.18451 was late on 11.2.2023 for about four hours to reach Khurda Road and in a general way pleaded “the train very often suffers loss of time due to unavoidable circumstances, such as loco-stalling, signal failure …………………….. to ensure safe movement of trains which can not be overlooked under any circumstances” .

From this very statement it is clear that the Opp.Parties failed to explain the exact reason of delay on 11.2.2023. The arrival time to the destination Khurda road is 4.35 AM which is fixed by the railway authority. When payment of Rs.170/- was received by the Opp.Parties both complainant and O.Ps agreed that the Opp.Parties shall reach the destination by 4.35 AM on 11.02.2023 but the Opp.Parties failed to perform their part of contract, further failed to explain the extra-ordinary delay on that day. It amounts to deficiency in service of the Opp.Parties.

7. All Indian passengers are not capable to reserve ticket, it does not mean that the Opp.Parties shall not take care of the general passengers. For the deficiency in service of the Opp.Parties the complainant failed to give examination and lost one year. The damage sustained can not be compensated by monetary terms. But taking into consideration the circumstances following order is passed:

ORDER

The complaint is allowed on contest against the Opp.Parties. The Opp.Parties are directed to refund Rs.170/- to the complainant. The Opp. Parties are to pay compensation of Rs.5, 00,000/- and litigation expenses of Rs.10,000/- to the complainant within one month of this order. In case of non-payment the entire amount will carry 9% interest P.A w.e.f. 11.2.2023 till realisation.

The Opp.Parties are further warned to maintain punctuality in future.

Order pronounced in the open Court today on 23^rd day of May, 2023.

Free copies of this order to the parties are supplied.