Tamil Nadu

North Chennai

187/2013

S.sathiya Chandran - Complainant(s)

Versus

Chief Commercial Manager - Opp.Party(s)

M/S.D.Santhamani

23 May 2017

ORDER

                                                            Complaint presented on:  01.10.2013

                                                                Order pronounced on:  23.05.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

THURSDAY THE 23^rd DAY OF MAY 2017

 

C.C.NO.187/2013

 

 

S.Sathia Chandran,

Advocate,

S/o. Swaminathan,

300/183, II Floor,

Thambu Chetty Street,

Chennai – 600 001.                                                           ….. Complainant

 

..Vs..

 

Chief Commercial Manager,

Southern Railways,

Park Town,

Chennai – 600 003.

.....Opposite Party

Date of complaint                                 : 03.10.2013

Counsel for Complainant                     : M/s D.Asenthamani, R.Gobika

                                                                    S.Pradeepa

 

Counsel for  Opposite Party                   : Mr.K.Kumaran

    

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the Opposite Party to replace and maintain the ATVMs and to pay compensation for mental agony with litigation expenses u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:  

          The Complainant is a practicing advocate in the Madras  High Court at Chennai and to frequently use the EMU service of the Southern Railways for quick travel and convenience. In order to obtain tickets for various routes, the Complainant opted for ATVM placed in various railway stations in Chennai. In 2012, the Complainant purchased an ATVM smart card with No.SRO 121738 for purchase of tickets through the ATVMs of the Southern Railways introduced for the convenience of dispensing the tickets automatically on a credited amount in the card. The Complainant has been using the said card for purchase of tickets to various routes in the EMU line of the Southern Railways. The Complainant states that while trying to purchase tickets through the ATVM, on several occasions, the Complainant had found that the ATVMs were not working properly and the same was reported orally to the station master.

          2. While so, on 15.02.2012 after visiting SRMC hospital the Complainant reached Guindy station in order to go to Fort station to attend his High Court work.  The Complainant approached the ATVMs placed in the Guindy Station, he found that both ATVM machines was not working and could not use his smart card for getting ticket.  The Complainant was held up in Guindy nearly an hour and could not attend his case and thereby put to mental agony. Till date no action was taken to rectify the mistake.   The Complainant had to wait in the long queue to purchase tickets   suffered with shock and mental agony.  Hence the Complainant filed this Complaint to direct the Opposite Party to replace and maintain the ATVMs and to pay compensation for mental agony with litigation expenses.   

 3. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF   

          The Complainant had purchased the ATVM Smart Card having No. SR0500651 and not SRO121738 on 16.06.2012 by paying amount of Rs.100/-. A bonus amount of Rs.2/- was immediately credited into his Smart Card account.   The Complainant had so far used the card 06 times and on all the occasions, he had collected tickets for his destination without facing any problem. The Complainant had lastly used the card on 15.02.2013. The ATVMs are also subject to preventive maintenance on regular basis by technical personnel. Barring few stations where only one ATVM is installed due to low volume of passenger traffic, most of the suburban Stations have at least 2 ATVMs in them for round the clock usage. Further, since the ATVMs are attached to the ticket counters, passengers have the option of purchasing tickets at the counters also, in case they are unable to follow the instructions in the display.

          4. The Railway Administration continuously monitors the performance of the ATVMs and in as much as the ATVMs are by themselves mostly trouble free, the possibility of external problems sometimes affecting the ATVM working like connectivity failure, power fluctuations, touch screen damage due to improper operation or by miscreants etc. could not be ruled out. In such situations, the railway administration takes immediate steps to rectify the problems and to restore the ATVM to working condition. During this period, the other ATVM in the station would meet the requirements of the passengers using Smart Cards. Also, the fact that about 19,000 tickets are issued every day by the ATVMs clearly shows that these machines function in the most satisfactory manner. Further, the ATVMs are covered by an Annual Maintenance Contract. On 15.02.2013, the ATVMs placed in Guindy station issued 1,912 tickets and this includes 6 tickets to Fort station. Therefore on 15.02.2013 by issuance of above said number of tickets proves that the ATVMs are working at   the  Guindy station on that day. The railway administration also sent a reply to the Complainant. Therefore the Opposite Party has not committed any deficiency in service and prays to dismiss the Complaint with costs.

5. POINTS FOR CONSIDERATION:

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

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1 

          It is an admitted fact that the Complainant purchased the ATVM Smart Card having number No. SR0500651 and not SRO121738 on 16.06.2012 by paying amount of Rs.100/- and the said amount was credited in his smart card account to travel in the EMU train and Ex.A1 is the copy of the smart card and a bonus amount of Rs.2/- was immediately credited into his Smart Card account and   the Complainant had so far used the card 06 times and on all the occasions. 

          7. The Deficiency in Service alleged by the Complainant against the Opposite Party is that on 15.02.2013, the Complainant after visiting SRMC hospital, he wanted to go to Chennai Fort Station to attend his work at the High Court and on reaching Guindy railway station he found that both the ATVMs were under repair and he could not use his smart card purchased by him for getting the ticket and hence he was held up nearly an hour at Guindy and could not attend his case and deal with his client’s and thereby suffered with mental agony.

          8. The Opposite Party replied that the ATVMs were working on that day and issued 1,912 train tickets through AVTMs on 15.02.2013 which includes 6 tickets to Chennai Fort Station and therefore he had not committed any Deficiency in Service. Ex.B1 statement pertaining to ATVMs installed at Guindy Station and shows the particulars of tickets issued from 9.07 hours to 21.21 hours on 15.02.2013. Therefore Ex.B1 clearly discloses that from 9.07 A.M to till night 9.21 p.m the tickets were issued through ATVMs. The Complainant had not pleaded in his Complaint on which time he approached the ATVMs at Guindy to buy a ticket. As per Ex.B1 statement almost 12 hours the ticket were issued through ATVMs at Guindy. Therefore the contention of the Complainant that the ATVMs were not working on 15.02.2013 at Guindy is rejected and consequently it is held that the Opposite Party has not committed any Deficiency in Service.

09. POINT NO:2

Since the Opposite Party has not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 23^rd day of May 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated NIL                     Copy of the Smart card and receipt on recharge

Ex.A2 dated 15.02.2013                   Copy of the Complaint to the Opposite Party

Ex.A3 dated 08.03.2013                   Reply made by the Opposite Party

LIST OF DOCUMENTS FILED BY THE  OPPOSITE PARTY :   Ex.B1 dated NIL                     List of Tickets Ex.B2 dated NIL                      Preventive Maintenance Report     MEMBER – II                                                               PRESIDENT