D.O.F. 15.01.2010

                                          D.O.O.  29.09.2011

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present:      Sri.K.Gopalan                :         President

                                      Smt. K.P.Preethakumari:         Member

Dated this the 29^th day of September, 2011.

C.C.No.15/2010

Dileshkumar P.   

S/o. P. Madhavan,

Advocate, ‘Panakkad House’                                 :         Complainant

Gopalpetta, Thalassery.

(Rep. by Adv. T.Sarala)

1. S. Ravi,

    Ticket Examinaer,

    C/o. South Western Railway

    Banagalore

2. Chief Commercial Manager,

    South Western Railway      

    Hubli                                                                :         Opposite Parties

    Bangalore.

3. Chief Station Master

    Thalassery Railway Station

    Thalassery.

(Rep. by Adv. T. Ramakrishnan)

O R D E R

Sri. K.P. Preethakumari, Member.

          This is a complaint filed under Section 12 of Consumer Protection Act for an order directing opposite parties to pay ` 50,000 as compensation along with ` 254 collected by opposite parties illegally as excess fare with cost.

          The case in brief of the complainant is that he had reserved the ticket to and fro from Thalassery to Yeswathpur Junction and from Yeswanthpur junction to Sai-P-Nilayam, from Thalassery Railway reservation counter by paying valid consideration to 3^rd opposite party and the ticket numbers issued are 37163388 to 37163391.  The reservation for return journey is as per ticket No.37163390 and 37163391.  The complainant have to return from Sai-P-Nilayam to Yeswanthpur Junction in reservation compartment in train No.434 and from Yeswanthpur junction to Thalassery by Train No.6527.  The complainant has returned from Sai-P-Nilayam to Yeswanthpur by train No.434 in reservation compartment on 02.09.09.  The ticket was checked by the examiner and the complainant was allowed to travel in the said train.  On alighting from the trainNo.434, he boarded in train No.6527 from Yeswanthpur to Thalassery at 9 pm on 02.09.09 in the reservation compartment.  After leaving from Yeswanthpur Railway station the 1^st opposite party checked the ticket and told that the ticket is not valid and told that the amount received is shown in the ticket is only ` 30 and further told the complainant that he has to pay ` 750 as excess fare.  After some time the opposite party waited near the bathroom of the said compartment and again approached the complainant in birth No.53 and told that he has to pay atleast ` 254 as excess fare.  So the complainant told the opposite party that he is an advocate practicing in Thalassery courts and is traveling with valid tickets and is a bonafide passenger and showed the related documents.  But the opposite party, shouted that he don’t want to see anything and he was nothing to do or else to pay the amount as demanded and he was compelled to pay ` 254 to 1^st opposite party and issued a receipt.  The complainant had also showed his name enlisted in the reservation chart published by 2^nd opposite party and 1^st opposite party not even cared to look into it.  Due to the attitude of 1^st opposite party the credibility and esteem of the complainant has been lowered considerably which cannot be compensated in terms of money.  The complainant had suffered much mental agony.  The complainant is a law abiding citizen and he assess reasonably ` 50,000 as compensation from 3<sup>rd</sup> opposite party in addition to ` 254 collected by 1^st opposite party as excess fare.   The complainant issued lawyer notice to opposite parties. 1^st opposite party refused the same and other opposite parties not issued any reply eventhough they received the same.  The cause of action arose on 02.09.09, the date of collection of excess fare.  The complainant is entitled to receive the compensation as prayed.  Hence the complaint.

          In pursuance to the notice issued by the Forum all opposite parties appeared and filed their version denying the allegation that the complainant after leaving from Yeswanthpur Railway station the 1^st opposite party checked the ticket and told him that the said ticket is not a valid ticket. When the complainant enquired to 1^st opposite party about the invalidity of the ticket, it was told that in the ticket the amount received is shown only ` 30 and further told that the complainant has to pay ` 750 as excess fare and went away etc.  This allegation is a clear indication that the complainant did not produce the journey ticket for verification with the chart, but produced only the reservation slip from Yeswanthpur to Thalassery.  It is true that the complainant reserved ticket for journey from Sai Prasanthi Nilayam to Thalassery.  Along with the original ticket another reservation slip was issued to the complainant.  The reservation slip should accompany the original ticket and in the absence of original ticket, the slip is invalid.  Since the complainant produced only the reservation slip, the 1^st opposite party requested the complainant to show the original ticket.  The complainant failed to produce the original ticket for verification with the reservation chart available with 1^st opposite party.  Without the original ticket, the reservation slip cannot be taken as a valid travel authority.  The documents filed by the complainant clearly shows that reservation slip is invalid without original ticket.  So the 1^st opposite party requested to remit the charges to avail the reservation facility.  After verification of the passenger, on production of the identity card the complainant was permitted to travel in the same reservation coach on collection of the actual ticket fare.

          The opposite party further denies the allegation that after same time the 1^st opposite party waited for the complainant near bathroom of that compartment, so that 1^st opposite party thought that the complainant would approach him and pay same amount as bribe so as to regularize his journey.  The complainant did not approach the 1^st opposite party and the 1^st opposite party again approached the complainant etc.  The complainant has not stated the reason for not producing the original ticket.  Any genuine passenger traveling by train has to produce the ticket.  1^st opposite party did not misbehave the complainant.  The allegation that the complainant had showed his name enlisted in the reservation chart published by 2^nd opposite party had done the same for extraneous reasons etc are denied.  It is the duty of the TTE to collect the fare or excess fare from ticketless passengers.  It is the responsibility of the passenger to produce the original ticket along with the reservation slip.  The complainant failed to produce the original ticket even after repeated request.  The opposite parties denied the allegation that due to the attitude of 1^st opposite party the credibility and esteem of the complainant has been lowered considerably and subjected to mental pain and trauma etc.  The allegation that 1^st opposite party refused to accept the notice is also not correct and denied.  The complainant is aware that fault is on his side and he does not want to proceed with the complaint.  There is no reason for mental pain or trauma in the incident.  All other passengers had shown their tickets for verification with the reservation cost. Nothing had prevented the complainant to produce the ticket for verification along with the reservation slip, since there was two legs of journey one from Sai Prasanth Nilayam to Yeswanthpur and the other from Yeswanthpur to Thalssery.  All additional reservation slip was there along with the original ticket.  The ticket and reservation slip had to be produced for verification with the chart.  The complainant produced only the reservation slip.   As per the reservation rules, reservation ticket issued by the computerized system against pre-bought ticket must accompany with the journey ticket or train.  The 1^st opposite party acted as per rules and there was no deficiency in service on the part of opposite parties and the complainant is not entitled to get compensation.  The 3^rd opposite party has no role in the incident and is not an essential party in the case.  The complainant is not entitled to get any amount as compensation and not entitled to get refund of ` 254 and hence the complaint is liable to be dismissed.

          Upon the above contentions the following issues have been raised for consideration.

1.           Whether there is any deficiency of service on the part of opposite party?

2.           Whether the complainant is entitled to any relief?

3.           Relief and cost?

The evidence in the above case consists of the oral testimony of PW1, DW1 and Exts.A1 to A5 and B1 to B3. 

The crux of the complainant’s case is that the complainant traveled from Yeswanthpur junction to Thalassery Railway Station as a part of his journey and possessed only reservation slip for traveling from Yeswanthpur Railway Station to Thalassery Railway station. The ticket examiner examined and he showed the ticket with him which is only a reservation slip and has not produced the original journey ticket.  Because of this he was charged ` 254 as the fare from Yeswanthpur to Thalassery as per Ext.A2.  According to the complainant his name is with the reservation chart and is holding the reservation slip of ` 30.  The ticket examiner ought not have charged ` 245 and hence is charged because of the deficient service and unfair practice.  In order to prove his case he has produced train reservation slip four in number, receipt issued by T.T.E. for ` 254, two postal receipts, copy of lawyer notice and returned lawyer notice.  The opposite party also examined as DW1 and produced documents like true extract of page No.663 of India’s Railway Commercial Mannual Volume I/, True copy of circular having No.B/L/568/H QS/Volume II of Southern Railway, copy of letter issued by complainant etc.

The admitted case of the complainant is that at the time of traveling from Yeswanthpur to Thalassery Railway Station, he had with his possession only the reservation slip ie Ext.A1(d).  The very face of the Ext.A1(d) clearly shows that “Reservation slip invalid without original ticket”.   He deposed before the Forum that “ChnsS lmP-cm-¡nb 4 Sn¡äpw Rm³ bm{X sNbvX Sn¡-äm-Wv.  bi-z-´v]q-cn \n¶pw Xe-tÈ-cn-bn h¶ Sn¡äv    Ext.A1(d) Yeswanthpur to Thalassery¡v 30 cq]-bmWv  fare  ImWp-¶-Xv. Cu Sn¡-ämWv Rm³ Thalasserybn sh¨v TTE¡v ImWn¨p sImSp-¯-Xv.   “Reservation slip is invalid without original ticket” F¶v  A1(d)bn Fgp-Xn-bn-«p-­v.   original ticket family ssIh-i-am-Wp-­m-bn-cp-¶-Xv.  Ah-tc-¡mÄ c­p Znhkw aq³t] Rm³ h¶n-cp-¶p.  At¸mÄ family Sai \ne-b-¯n-em-Wp-­m-bn-cp-¶-Xv.” From this deposition and as admitted by the complainant it is a fact that he was not possessing the valid ticket at the time of his alleged travel. He again deposed that “ticket examiner h¶-t¸mÄ A1(d) ImWn¨p sImSp-¯p.  sdbnÂsh-bpsS bm{X sN¿m\m-h-i-y-amb Sn¡äv CÃm-¯-Xp-sIm-­mWv 254 cq]-bpsS dkoäv   issue sNbvX-Xv.”  The complainant himself admits that the TTE has issued receipt for ` 254, since he has no valid ticket in his possession. But he contented that he can travel after purchasing a valid ticket and had his name in the reservation chart on the date of journey.  But he deposed before the Forum that “Reservation chart- t]cps­¦n       ticket CÃmsX bm{X sN¿mw F¶p Rm³ ]d-bp-¶n-Ã.  Hcp fact brought out sNbvXXv am{X-am-Wv.” This shows that the complainant himself very well  know that possession of a valid ticket is necessary for a journey.  Moreover the complainant has not produced any evidence to convince the Forum that a person can travel with a registration slip whose name is in the reservation chart.  On the other hand the opposite party has produced Ext.B2 Commercial Circular No.115/96 issued by Senior Divisional Commercial Manager to the effect that passengers who have confirmed reservation but are unable to produce the authority for travel including tickets and the board has been decided that in respect of those passengers whose names are appeared in the chart having confirmed and are unable to produce travel tickets or travel authority, they should be charged full fare including reservation charges without realization of any penalty and the appearance of their names in the reservation charges should be treated as permission to travel by the authorized railway servant”.  So as per Ext.B2 the complainant has to produce valid ticket at the time of examination or to pay full fare including reservation charge.  Eventhough the complainant contended that opposite party had charged more than full fare including reservation charge, he has not produced any evidence or not mentioned what is the actual fare with reservation charge or not even produced the ticket purchased by him for the alleged journey .  Moreover the complainant is an advocate who has to be more vigilant in the matters like this.  So the complainant failed to establish his case and thereby failed to prove that there is deficiency on the part of opposite parties.  So we are of the opinion that the complaint is liable to be dismissed and order passed accordingly.

          In the result, the complaint dismissed.  No cost.

             Sd/-                            Sd/-                      

           President                     Member                

APPENDIX

Exhibits for the Complainant

A1.  Train tickets – 4 in numbers.

A2.  Receipt for ` 254.

A3.  Postal receipts – 2 in numbers.

A4.  lawyer notice (returned)

A5.  Copy of lawyer notice.

Exhibits for the opposite party

B1. True extract of Rule 663 of Indian Railway Commercial Manual        

      Volume-I.

B2. True copy of circular No.B/C-568/HQS/VolII dated 25.09.96.

B3. Copy of letter issued by complaints Inspector, South Western

      Railway, Bangalore.

Witness examined for the complainant

PW1.  Complainant

Witness examined for the opposite party

DW1.  S. Ravi

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT