Delhi

StateCommission

FA/1347/2013

G.M. NORTHERN RAILWAY - Complainant(s)

Versus

DEV KANT & ORS. - Opp.Party(s)

16 Mar 2017

ORDER

 IN THE STATE COMMISSION: DELHI

(Constituted under section 9 of the Consumer Protection Act, 1986)

 

Date of Decision: 16.03.2017

 

First Appeal-1347/2013

(Arising out of the order dated 11.10.2013 passed by the District Forum, Kashmere Gate, Delhi in complaint case No. 131/2011)

 

 

        In the Matter of:

               

         

Union of India Through General Manager, Northern Railway Ministry of Railway Baroda House New Delhi                                                                ……. Appellant                                    Versus      1. Dev Kant, I.L.S.  2. Satwinder Kaur W/o Dev Kant  3. Harisharan Singh S/o Dev Kant  4. Harleen Singh D/o Dev Kant   All Residents of: Asia House, 702, Asia House, K.G. Marg, New Delhi- 110001                             …….Respondents

CORAM

 

Justice Veena Birbal, President

Ms. Salma Noor, Member

 

1.   Whether reporters of local newspaper be allowed to see the   judgment? 

2.   To be referred to the reporter or not?

 

 

 

 

Ms. Salma Noor, Member

1.             Present appeal is preferred against the order dated 11.10.2013 passed by the Consumer Disputes Redressal Forum (Central) Kashmere Gate, Delhi in Complaint Case No. 131/2011 whereby the Ld. District Forum directed the appellant/opposite party to pay Rs. 25,000/- as compensation and Rs. 5000/- for litigation charges to the respondents/complainants.

2.             Brief facts of the case are that on 20.10.2009 all the respondents/complainants had travelled from Amritsar to Delhi by Train No. 8102 (Moori Express) on a reserved and confirmed ticket in sleeper coach bearing No. S-7, PNR No. 236-4616312 and Ticket No. 71188797.

3.             On the way at Ludhiana Railway Station, big crowd intruded into the compartment and occupied the reserved seats/sleepers by force and also sat on the floor of the compartment thereby blocking all the passages of toilets and washbasin. This fact was also brought to the notice of the TTE but he showed his inability to handle the situation. The respondents/complainants requested to the TTE to call the railway police, who were supposed to be available in the running train or at the GRP post at the next railway station, but he did not bother and went away and did not come back. The respondents/complainants remained harassed and disturbed, even they were unable to go to the toilets and use washbasins, for which they suffered physical inconvenience and mental agony.

4.             That after coming back to Delhi the respondents/complainant No. 1,2 & 3 sent legal notice on 21.07.2010 and respondent-4/complainant-4 also sent a legal notice on 05.10.2010 to the appellant/OP.

5.             The Northern Railway admitted that case of the respondents/complainant and replied vide its letter dated 23.10.2010 that unauthorized persons were evacuated at Ambala station and the matter was informed to the GRPF and denied any deficiency of service. Thereafter, on 25.07.2011 the complainant had filed a complaint before the Ld. District Forum with the following prayers:

                        “(a) Direct the respondent to pay a sum of Rs. 60,000/- (Rupees sixty thousand only) each to the complainants, detailed as (Rs. 10000/- due to deficiency in service, + Rs. 50000/- on account of mental agony & physical harassment) as mentioned above; totaling Rs. 240000/-.”

6.             The appellant/Opposite filed written statement before the Ld. District Forum denying that on the way of Ludhiana railway station a big crowd intruded into the compartment of the respondents/complainants and occupied the reserved seats/sleepers by force and whosoever could not find room on the seats sat on the floor of the compartment thereby blocking of the toilets, washbasins. It was further denied by the appellant/OP that this fact was immediately brought to the notice of the TTE who showed his inability to handle the situation. It was further stated by the appellant/OP that on the basis of the legal notice of the complainants railway had an independent enquiry and due action was taken but allegations were found to be false and incorrect.

7.             Complainants had filed rejoinder and reiterated all the facts as pleaded in the complaint and also filed evidence by way of affidavit. OP has also filed its affidavit.

8.             After hearing both the parties Ld. District Forum allowed the complaint of the respondents/complainants relying on the judgments of G.M. South Central Railway Vs. R.V. Kumar & Anr. IV (2005) CPJ 57 NC, Sumatidevi M. Dhanwatay Vs. UOI and Ors. II (2004) CPJ 27 SC had passed the following orders:

                “1. To pay to the complainants a sum of Rs. 25,000/- (Rs. Twenty Five Thousand only) as compensation for causing deficiency in service as well as harassment, pain and mental agony.

                2.  To pay to the complainant as sum of Rs. 5,000/- (Rs. Five Thousand) as litigation cost.”.

9.             Aggrieved by the aforesaid order of the Ld. District Forum the appellant/OP has filed the present appeal.

10.            We have heard counsel for the parties and carefully gone through the records.

11.            There is no dispute between the parties that the respondents/complainants were travelled from Moori Express on 20.10.2009 and respondents/complainants served notice to the appellant/OP regarding their grievance on 21.07.2010. 

12.            Appellant has challenged the order stating that the respondents/complainants have filed complaint on 25.07.2011 i.e. almost one year after the issuance of legal notice and which is an afterthought for extortion of money from the appellant/OP. This argument of the appellant/OP has no force as there is two years limitation period provided under the CP Act for filing the complaint and the complaint is filed within two years of cause of action having being arisen. Further the appellant/OP has denied any such incident happened with the respondents/complainants during their travel but Sh. Ajay Singh, HDTTE of railway has admitted in his affidavit that unreserved passengers, who boarded between Ludhiana and Ambala railway station were removed/taken down from the reserved coach with the help of GRP railway persons. Further admission is that the TTE was present in the coach and took prompt steps to get removed the unauthorized passengers from the coach. It is also mentioned by the appellant/OP in the appeal as well as written statement filed before the Ld. District Forum that in reply to the legal notice of Sh. Dev Kant who is respondent-1/complainant-1 before the Ld. District Forum dated 23.10.2010 that unauthorized persons were removed from the reserved coach at Ambala Station and further memos were served to the concerned railway officials and GRPF. Thus on the basis of affidavit and the reply of the railway dated 23.10.2010 it is proved that unauthorized persons had entered into the reserved compartment of the train in which the complainants were travelling who boarded the coach of complainants at Ambala station and thereafter they were de-boarded. It is the duty of the   railway to allow only the authorized persons to travel in the train and the railway officials are duty bound to take care necessary steps to prevent the entry of such unauthorized persons into the reserved compartment which appellant failed to do so. All the unauthorized persons who boarded the train in a large number naturally caused discomfort, harassment and mental agony to the passengers who were travelling on a valid ticket to travel in the reserved coach and the railway officials failed to prevent the entry of unauthorized persons in the reserved coach that amounts deficiency in service on the part of railway and due to which the respondents/complainants suffered mental agony and harassment.

13.            In view of the above discussion, we find no illegality or infirmity in the order passed by the Ld. District Forum. The appeal stands dismissed.

                 A copy of the order be sent to the parties as well as to Ld. District Forum for necessary information.

                File be consigned to record room.

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member