PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                CONSUMER COMPLAINT NO.180/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Prateek Mahapatra

S/O-Pramod Chandra Mahapatra,

R/O-Putibandh, Dhanupali, PO/Ps-Dhanupali,

Dist-Sambalpur-768005, Odisha.                                  ….…......Complainant.

                                    -Vrs.-  

1. The Divisional Manager, East Coast Railway, Sambalpur Zone,

At/Po-Khetrajpur,

Dist-Sambalpur-768004, Odisha.

2. The ADRM, East Coast Railway, Sambalpur Zone,

Office address- At/Po-Khetrajpur,

Dist-Sambalpur-768004, Odisha.

3. The General Manager, East Coast Railway Head Quarter

Office address at Chandrasekharpur, Po/Ps- Chandrasekharpur

Bhubaneswar, Odisha.                                         ………........Opp.Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.s                       :- Sri. A.K.Nayak Adv.

Date of Filing:16.10.2023,Date of Hearing :12.02.2024, Date of Judgement : 15.04.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that on 17.07.2023 the Complainant, advocate in counselling matter went to Angul Court and the First hearing matter was at 11 A.M. The Complainant in Rourkela-Bhubaneswar Superfast express (Tr. No. 22839) boarded at 7.40 A.M. The train got delayed 3 hours and 09 minutes and reached Angul at about 1.15PM. The second hearing at 1 PM was missed. The Judge, Family Court, Angul refused the cause of delay. The Complainant could not substantiate his case due to delay in train harassed and sustained loss financially. Being aggrieved complaint was filed.
2. The O.Ps after appearance submitted that on 16.07.2023 the link train No. 22840 arrived at 23.04 hours i.e. late by 1 hour 59 minutes at Rourkela due to detain between Kansbahal-Rourkal for four times at Rourkala AT KXN from 22.06 to 22.16 hours, KXN-KLG 22.19 to 22.26 hours, KLG-PPO 22.35 to 22.42 hours and 22.43 to 22.49 hours and other reasons. As per policy of Railway Board dated 02.03.2016 amalgamation of two trains in one rake link could be permitted within the overall stipulation “KM” and “Time” A minimum of 1 hour 15 minutes attention like inside coach leaning, watering etc at intermediate stations. In coming of link train No. 22840 can not be restarted without maintenance of under gears/coaches, cleaning and watering which requires minimum 4 hours.

As per Railway Board policy dated 02.03.2006 rake train No. 22839. Train No. 22840 was sent to washing line at 23.50 hours and drawn out at 6.50 hours and finally train No. 22839 departed at 6.10 hrs. i.e. 5 minutes late from starting point. On 17.07.2023. During course of it running it was detained at Jharsuguda for 11 minutes due to a head of Train No. 18005 UP express. The schedule departure was at 6.45 hours but departed at 8.17hours delayed by 1 hour 32 minutes. Complainant’s schedule departure was 7.36 hours but boarded at 9.35 hours.

Train No. 22839 was delayed in Sambalpur on 17.07.2023 as one goods train No. N/BOXE/TLHR passed Sargipali at 10.38 hours. The loco pilot reported that train stopped at Km No. 104/8 between Sargipali-Handapa due to loco shut down at 10.48 hours. The goods train reached NHPA at 12.00 hours for which Tr. No. 22839 express detained for 70 minutes at Sargipali(SRGP) Station. Train reached Kerejing Station of Khurda Devision at 12.43 hours and delayed by 2 hours 53 minutes. Railway has to maintain unavoidable circumstances keeping in view the safety of valuable life.

The Complainant has not submitted any papers relating to court case at Angul. The Complainant was having option to travel through train No. 18303 departure time from Sambalpur 6.00 hours.

Through public announcement Train No. 22839 was declared to depart at 7.36 hours. Complainant purchased unreserved Ticket No. UYB68976881dated 17.07.2023 from Sambalpur to Angul at about 7.36 hours, when train was already late and announcement made. The Complainant has not obtained any late running certificate from station Master Angul.

As per item No. 115 of Indian Railway Conference Association Coaching Tariff No. 26 Part-I(Vol-I) Railways not guarantee the arrival and departure of train time. Railways is governed by Union of India and mandatory 60 days notice has not been given. This Commission has no jurisdiction as per the Railways claims. Tribunal Act, 1987. There is no deficiency on the part of the O.Ps and the Complainant is liable to be dismissed.

3. The Complainant submitted ticket No. 39586429 dated 17.07.2023, ticket No. UYB 91210148 dated 17.07.2023 and display timing schedule of train No. 2239 for the date 17.07.2023.

The O.Ps submitted:

1. Policy guideline of Railway Board dated 02.03.2006.
2. General Rules and conditions for the conveyance of passenger and luggage tariff etc. Indian conference Association coaching Tariff No. 26.

4. Perused the documents filed by both the parties. Learned advocate for O.P. submitted that as the Railways Tribunal Act, 1987 is in force this case is not maintainable. Further the O.Ps are coming under Union Government and notice u/s 80 C.P.C. 1908 has not been issued.

In the present case the allegation is regarding arrival and departure of train No. 22839 Rourkela- Bhubaneswar Super fast train which is related with deficiency in service. The general departure time from Sambalpur is 7.36 hours and arrival time at Angul is about 11 Am. On the schedule dated 17.07.2023 the train arrived at Sambalpur city station at 09.35 hrs. It is admitted by the O.Ps that there was delay in arrival and departure from Sambalpur city Station. Likewise, delay was there in arrival and departure from Angul station. The delay was 2 hours 53 minutes to Kerejing station, Khurda.

The Complainant has purchased ticket for Rs. 70/- and Rs. 148/- for travelling which is admitted by the O.Ps. Whatever may be the class of ticket a passenger is a consumer of the O.Ps.As per section 100 of the Consumer Protection Act, 2019 existence of Railway Tribunal is not a bar to initiate consumer proceeding for deficiency in service. Secondly for initiation of a consumer complaint notice u/s 80 of the C.P.C. 1908 is not required. Accordingly, this Commission has jurisdiction to entertain the complaint.

5. It is the admitted case of both the parties that on 17.07.2023 the alleged train departed from city station at 9.35 hrs and arrives at 12.56 PM. The Indian Railways owed to maintain safety, standard and punctuality but in the instant case seen that punctuality has not been maintained. The passengers generally keep faith on Railway to reach the destination in time but due to lack of punctuality it is loosing credit worthiness thereby the passengers are suffering. The reasons assigned by the O.Ps are not acceptable as the schedule time and departure time are fixed by the railways any deviation in time amounts to deficiency in service.

Taking into consideration the circumstances of the case following order is passed:

ORDER

The Complaint is allowed on contest against the O.Ps/ The O.Ps are directed and cautioned to maintain time schedule of the Train No. 28839 so that passengers will not suffer. The O.Ps are directed to refund the cost of ticket amounting to Rs. 70/- to the Complainant and pay compensation of Rs. 50,000/- and litigation expenses of Rs. 5000/-.

Order pronounced in the open court on this 15^th day of April 2024.

Supply free copies to the parties.