J U D G E M E N T.
The case in Brief:- The Complainant namely Archana Mahapatra had gone to Bhubaneswar from Nuapada Road Railway Station on dated 22.02.2015 by Durg-Puri Intercity Express,Train No. 18426.The complainant has arrived in the Station at about 6.30PM of that day with his brother K.N.Panda,who is present alongwith the petitioner /complainant. The complainant had got the A/c 3 tier Ticket of B 1 Coach,but she asked the Station Master,Nuapada for Upper Class waiting Hall .The Station master misbehave both of them and refused to open the Upper Class waiting Hall.
As per complaint of the complainant ,the Platform of Nuapada Railway Station has no facility of drinking water, proper light to locate the Berth ,toilets for Passenger, sitting facility for Upper Class Passengers even not a single Bulb was there in the Station during the time of boarding of the complainant .Brother of the complainant has written a complaint before the Station Master on that day when the door was not open in the date of Journey in the AC compartment .
The complainant has felt down at the Station having some in injury when she board the train at the Station .The train passessenger due to lack of proper light to locate the coach of the train .So on that day the complainant was not enter into the coach for locate the 3rd AC B 1 coach but she never board the train due to darkness and locked from inside ,she felt down due to dislocation of the exact coach location she got down to the general compartment. She had a lot of problem when she board the train by taking her belonging luggage on that day of travelling in the above specified train and suffers for mental agony and injury.
The brother of the complainant who wrote a complaint before the Station master ,Nuapada Road Railway Station for the above negligence. The Railway has replied the complaint of the complainant’s brother vide No. SBP/Pub.Comp/MISC/G.Singh/15dated 15.05.2015.It has proved by Railway to the complainant as per the complaint petition filed by the complainant’s brother on dated 22.02.2015.The reply of the complainant of 22.02.2015 the brother of the complainant has got on 15.05.2015 by the OP the Divisional Manager Railway ,Sambalpur.
The brother of the complainant in the this case filed a written complaint before the Station Master mentioned about the inside lock of the door when his sister has got down the train on dated 22.2.2015 even there is no electricity in the Nuapada Railway Station but in the complaint petition of the CC 14 of 2015 he mentioned about the light facility at Station ,water supply, opening of Upper Class waiting hall ,drinking water facility ,Platform base is low etc.
The complainant has filed for compensation of Rs.20,000/- ( Rupees Twenty thousand ) only towards injury on waist ,fell down while running to general compartment. Rs. 50,000/-( Rupees Fifty thousand ) only towards harassment and mental agony at Rs. 5,000/-( Rupees Five thousand) only towards cost of litigation.
The opposite party No.3 and 4 has appeared before the Hon’ble Forum through their respective Counsel and filed their version jointly as both are common issue and jointly responsible for the delivery in service by the Indian Railway OP No.1 and 2 and Administrative head they are not the proper party in this case. So it is mis-joinder of necessary party and the name of the OP No.1 should deleted from the arry of the opposite parties. Except the true complain of the petitioner of the brother of complainant . All allegation regarding drinking water facility ,sitting arrangement ,Upper Class waiting hall are false and fabricated abd the allegation of brother of the complainant Keshabananda Panda was false .So for mis behavior of Station Master is false rather when the Station Master asked for Platform Tiket .They misbehaved the Station Master,Nuapada Road and threaten to face the consequences .Rather the Station Manager ,Nuapada Road Railway Station had asked and requested for written complaint in the complaint book of Station Manager for the deficiency in service or any allegation of the day of journey of the complainant.
The allegation of the inside lock of the B 1 Ac compartment is locked and attendant has not open the door of the compartment on that day at Station .There is no electricity in the station for which the complainant has not locate the compartment exactly. For that in reply to the complaint of the complainant’s brother the D.R.M.( Commercial) has given a reply to him by giving sincere request for the mistake by Railway Staff at the time of boarding at the Station of Nuapada on dated 22.02.2015 .This letter was send by the D.R.M.( commercial) ,Sambalpur to the brother of the complainant.
The OP No.3 has specifically mentioned for giving amenities for all Passengers as available at Nuapada Station like drinking water, Upper Class waiting Hall for specific passenger at Waiting Hall for common passengers, sitting arrangement.We further submitted that it was previously a B category Station due to importance of District Head Quarter with approval of Zonal Head Quarter .the Zonal Head Quarter has reviewed the up gradation and reverted back the category of Nawapara Station as “D”/”E” Category vide D.O No. C.C.M/01/categorization /2012-13 dt. 12.10.2015.Here the Nawapara Station is a “D”/”E” Category Station.
The petitioner has mentioned in her petition about the injury in the Station of Nawapara during the time of boarding that is due to failure of local power supply and she has not reported about injury on that date for first Aid and other medical facility would be provided to he/her in the next station Kantabanji and Titilagarh even first aid at Nawapara Station .As per version of OP has mentioned about the complaint petition of brother of the complainant who witnessed namely Madhabananda Panda but at present in consumer complaint it is stated Nilesh Gupta both are contradictory. Hence liable to be rejected.
Therefore the OP has taken immediate steps about the complain of K,N. Panda causin brother of the complainant for improvement of the customer service and redressal of the grievances and given repl;y to the complainant on dated 15.05.2015 with a apology for the opening of the door of the AC compartment.
After hearing and argument of both the parties the Hon’ble Forum has decided the matter into an urgent Public issue by the Passengers of Nuapada as a District Head Quarter. The OP Divisional Railway Railway Manager Sambalpur has to take immediate steps for the common amenities for the passengers of Nawapara Road Railway Station as light facility ,drinking water facility ,Upgrade the Height of Platform ,Latrine ,bathroom for common passenger cleanliness of Platfform and Waiting Room for Upper Class passenger and immediately comply the order of the Forum within six months from the date of order.
ORDER
Perused the records and after hearing of both the parties and visited the Nawapara Road Railway Station is the essential for the above common facility for the Passenger of the District Head Quarter. The Hon’ble Forum has directed OP No.3 to take immediate steps for the upgradation of the Station and give minimum those facility mentioned above and the OP N.3 and 4 has to pay Rs. 20,000/-( Rupees Twenty thousand ) only towards mental agony and harassment of Upper Class Passenger and pay Rs. 2,000/-( Rupees two thousand ) Only towards cost of litigation within 3(three) months from the date of order ,otherwise 9% interest will be penalized to the OP NO.3 and 4from the date of order.
Order pronounced in the Open Court of District Consumer Disputes Redressal Forum, Nuapada, this the 17th day of September 2016.
