Date of filing: 04.06.2018 Date of order : 16.5.2019
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA, Y.S.R DISTRICT
PRESENT SMT. K. SIREESHA, B.L., PRESIDENT (FAC)
SRI S. NIRANJAN BABU, B.A, B.L., MEMBER
Thursday, 16th day of May, 2019
CONSUMER COMPLAINT No. 40 / 2018
B. Paul Sudhakar, S/o B. Kutumba Raju,
aged 47 years, D.No. 2/509-3C, Boreddy Street,
Nagarajupet, Kadapa 516001. …. Complainant.
Vs.
1. The General Manager, South Central Railway,
Railnilayam, Secunderabad 500025.
2. Divisional Railway Manager, Division Office,
Guntakal Division, Guntakal 515801, Ananthapur District.
3. Station Manager, Railway Station, Kadapa 516001,
YSR District, Andhra Pradesh.
4. Station Manager, Railway Station, Nandyal 518501,
Kurnool District, Andhra Pradesh. ….. Opposite Parties.
This complaint coming for final hearing on 10.5.2019 in the presence of complainant and Sri K. Guru Murthy, Advocate for O.P.2 and O.P.1 called absent and set exparte on 19.9.2018 and O.P.3 and 4 are called absent and set exparte on 31.7.2018 and upon perusing the material papers on record, the Forum made the following:
O R D E R
(Per Smt. K. Sireesha, President FAC),
1. The complainant filed this complaint under section 12 of Consumer Protection Act, 1986 (for short herein after called as C.P. Act) to direct the opposite parties 1 to 4 to pay Rs. 463 towards ticket fare, Rs. 50,000 as compensation, Rs. 50,000 towards deficiency of service, Rs. 30,000 towards mental agony and Rs. 5,000 towards court expenses.
2. The brief facts of the complaint is as follows: The complainant travelled in train from Kadapa to Nandyal train No. 77404 Demo Passenger on 04.01.2017 and train started at 21.00 hours at Kadapa towards Nandyal, it is reached on 05.01.2017 at 3.15 hours. As per schedule the train has to leave Kadapa at 6.30 p.m and reach Nandyal at 10.15 p.m. The complainant took ticket No. 8409 the journey is total kilometers 163 the Demo taken the time 6 hours time. The complainant reserved a sleeper class ticket from Nandyal to Guntur on 5.1.2017, train No. 57305 Kacheguda to Guntur passenger vide PNR No. 484.7248843, due to delay of Demo passenger 77404. The complainant missed Kachiguda to Guntur train at Nandyal boarding point. Further the complainant started journey from Nandyal to Guntur via Markapur by APSRTC bus on 5.1.2017 at 4.34 hours, and Markapur to Guntur 5.1.2017 at 7.57 hours and reached the Guntur on 5.01.2017 at 12.00 hours. The complainant lot of hurdles during the journey, all the hurdles caused by the train No. 77404 Kadapa to Nandyal Demo passenger for negligent operation, after that the complainant corresponded, South Central Railway. The delay caused to train No. 77404 is purely to unavoidable operational constraints. The Guntakal authorities stated that the section between Kadapa to Nandyal is new section and has limitations to run at speeds a higher than 30/50kmph. Due to this the said train i.e 77404 has speed restriction of 30 kmph during the night hours. The railways do not guarantee missing of connecting train due to late arrival of train. The train route between Yerraguntla and Nandyal have been certified and certified by Railway Safety Commissioner, no crossing, no passengers at Enroute railway stations but journey is too much delay. The Union Minister Railways speech when inauguration of the Demo Train along with Chief Minister of A.P. Chandrababu Naidu and the Urban Development Minister M. Venkaiah Naidu. This is a connection train to capital of Andhra Pradesh. The new train and the line were a crucial link for the development of Rayalaseema, which was a backward region. There was no drink of water and refreshment stalls in the platforms. Hence, the complaint.
3. Written version filed by opposite party No. 2 stating that the complaint is bad, unjust and not maintainable either in law or on facts of the case. The complainant is put to strict to proof of all the allegations mentioned in the complaint which are not expressly admitted herein. The complainant must proved that he had travelled from Kadapa to Nandyal in train No. 77404 on 04.01.2017 by authenticated documentary evidence. There is no any link to the general ticket No. 8409 and the complainant. The subject train is not a link train to any train and this train is a Demo train only and it was recently started. The Railway has not guarantee the journey time i.e. to say between Kadapa to Nandyal. This only schedule time. This O.P. is no way responsible for the reservation of sleeper class ticket from Nandyal to Guntur on 5.01.2017 train No. 57305 Kacheguda to Guntur passenger i.e. link train. There is no connection for the missing of train Kachinguda to Guntur with this Demo passenger. The
Railway is no responsible for the journey from Nandyal to Guntur via Markapur by APSRTC Bus on 5.01.2017. The complainant faced a lot of hurdles during the journey all the hurdles caused by the train No. 77404 Kadapa to Nandyal Demo passenger for negligent operation is false. There is no negligence in operation of the trains. The alleged delay or any late of the demo train is only due to excess caution orders between nandyal to Yerragutnal as it is a newly constrained one. The train is running only for 3 days in a week. The opposite paty repled promptly to the complainant. There was a speed limit to Kadapa to Nandyal 30/50 kmph. The railway do not guarantee missing of connecting train due to late arrival of train. The route between Yerraguntla to Nandyal have been verified and certified by Commissioner of Railway safety. This O.P. submits there is no such dispute raised by the passengers over this train. Public very well known about the train track and caution orders and nobody is even willing to comment anything about this newly commenced train. Hence, the complaint may be dismissed.
4. Opposite parties 1, 3 & 4 are called absent and set exparte on 19.9.2018 & 31.7.2018.
5. On behalf of complainant Ex. A1 to A11 were marked. No documents are marked on behalf of opposite parties.
6. From the above averments the following points are settled for determination:
- Whether the complainant is eligible for compensation as prayed by him or not?
- Whether there is negligence or deficiency of service on the part of the Opposite parties or not?
- To what relief ?
7. Point Nos. i and ii The complainant travelled in Demo train from Kadapa to Nandyal bearing train No. 77404 on 4.01.2017 under Ex. A1. At the same time the complainant had reserved ticket to the train Kachiguda to Guntur under Ex. A2. As the Demo train reached in delay to Nandyala, the complainant again purchased bus ticket under Ex. A3 and after reaching markapuram travelled in APSRTC and purchased ticket under Ex. A4 from Markpauram to Guntur. As per Ex. A1 to A4 it is very clear that the complainant travelled from Kadapa to Gutnur in Demo train and RTC Buses. Ex. A5 and A6 are notices issued by the complainant for the same O.P.2 had given reply udnder Ex. A7. As per Ex. A7 there was no guarantee in reaching the station while travelled in Demo passenger as there was speedy limit to the Demo passenger. Ex. A8 also clearly shows that there was no guarantee to reach train to the station in schedule mentioned time and there was no guarantee on arrival or reaching station by the trains. Due to unavoidable operations there may be delay. Ex. A9 also expresses the same. As per Ex. A10 it is very clear that there was delay in reaching Nandyal in Demo passenger. Ex. A11 also shows the same. As seen from evidence on record and complaint and written version filed by the complainant and opposite party it is very clear that there was delay in reaching Demo train from Kadapa to nandyal and the complainant had missed the link train by reserving the ticket from Nandyal to Guntur and the complainant again spent bus fare under Ex. A3 and A4 and reached Guntur. There is deficiency in service and negligence on the part of the O.Ps 1 to 4 at the same time the complainant is eligible for compensation as prayed by him.
8. Point No.iii: In the result, the complaint is allowed, directing the opposite parties 1 to 4 jointly and severally liable to pay Rs. 463 (Rupees four hundred and sixty three only) to the complainant towards travelling expenses, Rs. 10,000 (Rupees ten thousand only) towards compensation, Rs. 10,000 (Rupees ten thousand only) for deficiency of service, Rs. 5,000 (Rupees five thousand only) towards mental agony and pay Rs. 5,000 (Rupees five thousand only) towards expenses to the complainant, within 45 days of date of receipt of orders.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 16th day of May, 2019
MEMBER PRESIDENT (FAC)
APPENDIX OF EVIDENCE
Witnesses examined.
Witnesses examined for the Complainant: NIL
Witnesses examined for the Opposite party: NIL
Exhibits marked for Complainant :
Ex. A1 Original train ticket for Demo Train No. 77404.
Ex. A2 Reservation ticket in original for the train Kachiguda to Guntur.
Ex. A3 APSRTC Bus ticket from Nandyal to Markpuram.
Ex. A4 APSRTC Bus ticket from Markpuram to Guntur.
Ex. A5 Office copy of legal notice issued to the O.P.s along with postal
receipts dt. 25.10.2017
Ex. A6 Complaint given by the complainant to the General Manager, SC Railways, Rail Nilayam, Secunderabad dt. 13.01.2017.
Ex. A7 Reply letter dt. 14.9.2017 issued by the O.P.2.
Ex. A8 Letter dt. 7.2.2017 issued by the Asst. Transportation Manager/ coching for Chief Passenger Traffic Manager.
Ex. A9 dt. 30.10.2017 reply letter issued by Addl. Divisional Railway Manager, Guntakal.
Ex. A10 Information about the schedule time for the Demo Train under RTI Act dt. 25.5.2018.
Ex. A11 Schedule of timings for the Demo train net copy which was obtained by me.
Exhibits marked on behalf of the Opposite parties: NIL
MEMBER PRESIDENT (FAC)
Copy to :
1) B. Paul Sudhakar, S/o B. Kutumba Raju,
D.No. 2/509-3C, Boreddy Street,Nagarajupet,
Kadapa 516001
2) Sri K. Guru Murthy, Advocate for O.P.2.
3) The General Manager, South Central Railway,
Railnilayam, Secunderabad 500025.
4) Station Manager, Railway Station, Kadapa 516001,
YSR District, Andhra Pradesh.
5) Station Manager, Railway Station, Nandyal 518501,
Kurnool District, Andhra Pradesh
B.V.P.
