Order-19.
Date-09/12/2015.
In this complaint Complainant SoumenDeyby filing this complaint has submitted that complainant along with his family members was supposed to avail of Sealdah – Ajmer Express being Train No. 12987 from Sealdah Station on 01.10.2014 to go to Ajmer Station.Complainant had confirmed ticket being PNR No. 6132442559 and the scheduled departure time of the train was 23.10 Hrs on 01.10.2014.But it departed scheduled arrival time of the train at Ajmer Station was 02.45 hrs. i.e. on 02.10.2014.The scheduled arrival time of the train at Ajmer Station was 02.45 hrs. on 03.10.2014, but it arrived at Ajmer Station at 11.53 hrs. on 03.10.2014.The arrival time of Sealdah-Ajmer Express at Ajmer Station was acknowledged by the Station Superintendent (P) at the back of the ticket.Complainant also purchased valid and confirmed ticket being PNR No.2162395822 in advance to go to Abu Road Station from Ajmer by availing of Intercity Express being train No.19412.
The Sealdah-Ajmer Express being Train No. 12987 arrived at Ajmer Station at 11.53 hrs. on 03.10.2014.Complainant could not avail of the train being Train No. 19412 which left Ajmer Station at its scheduled time.In spiteof repeated request, the Railway Authority did not arrange any alternative way to reach at Abu Road Station by train.Finding no other alternative, complainant was compelled to hire a car for Rs. 20,000/- only to reach at Abu Road Station.
There was not a single drop of water in compartment No. S-9 of train No.12987 from the morning of 03.10.2014.The condition of the toilet of the said coach was very dirty and unhealthy.
Complainant faced problems due to mis-management of the Railway Authority.Complainant prayed for a compensation of Rs. 50,000/- for the harassment and bitter experience due to the mis-management of Railway Authority.
On the other hand, op Eastern Railway, in their written version denied and disputed the allegations put against it.Op stated that owing to dense fog, in which manmade system had no control the link train No. 12988 Ajmer-Sealdah Express reached Sealdah station at 00.40 hrs. on 02.10.2014 by 525 minutes late.So, train No. 12987 Sealdah-Ajmer Express had to get rescheduled and departed from Sealdah Station at 02.45 hrs. on 02.10.2014 instead of 23.20 hrs. on 01.10.2014 which was the actual time of departure.Train No.12987, Sealdah-Ajmer Expressgot rescheduled due to the said unavoidable circumstances.Announcement of the rescheduled timing of the above train was made through many media well in advance.News was spread through TV, Radio, Newspapers, Railway Enquiry system etc. every year, train services are disrupted since late of September owing to dense fog.The situation of 01.10.2015 being the Act of Godwas beyond human control.
As the Train No. 12987 Sealdah-Ajmer Express was late, it was not possible for complainant to avail of train no. 19412 Intercity Express, in that case, complainant could have availed the next train in which ran through Abu Road.The next connecting train starts from Ajmer Station at 16.00 hrs.In that case, complainant could have surrendered the ticket from Ajmer to Abu Road through issuance of Ticket Deposit Receipt and could have obtained refund of fare.Complainant had not intimated the Railway Authority of his problem and did not seek alternative arrangement.If complainant wanted the taxi fare, he would not get it, because there is no provision in the Railway Rules and no other passengers of the said train complained of any inconvenience.Complainant did not inform on Board House Keeping Services Agency who received calls of on board Railway Staff.After proper investigation, the op Railway sent a reply stating the reason on 07.01.2015 and op also stated that complainant cannot claim compensation for the late running of the train due to dense fog, the train travelled late.No one is responsible for this unavoidable delay.So the complaint is frivolous, speculative and harrasive in the eye of law.There was no deficiency in service on the part of the Railway.It was the Act of God, it was beyond human control.So, the complaint should be dismissed.
Decision with reasons
On comparative study of the complaint and written version and also considering the material documents and the Railway Rules and Railway ticket, it is found that ticket was purchased for journey from Sealdah to Ajmer by Sealdah-Ajmer Express being Train No.12987 from Sealdah main Station to Ajmer Station and said train was to depart station on 01.10.2014 to go to Ajmer Station and complainant had a valid confirmed ticket being PNR No. 6132442559.
At the same time complainant had a valid confirmed ticket having PNR No.2162395822 in advance to go to Abu Road from Ajmer Station by availing of Intercity Express being No. 19412 from Ajmer Station and that train was to depart on 03.10.2014 at 06.25 hrs. from Ajmer to Abu Road at Abu Road having PNR No. 2162395822.
Complainant’s main allegation is that he purchased both the tickets considering just of arrival of the Sealdah-Ajmer Express to Ajmer Station and also the starting point of the train Intercity Express from Ajmer to Abu Road because complainant intended to go to Abu Road from Sealdah, but no such train was journey directly from Sealdah to Abu Road via Ajmer and there is no such train to go to Abu Road from Sealdahdirectly.So, complainant after adjusting time purchased those two tickets with hope that the train will reach in time at Ajmer because the arrival time of the train Sealdah-Ajmer Express was at 02.45 hrs. on 03.10.2014 and so complainant purchased advanced ticket for journey from Ajmer to Abu Road for that day 03.10.2014 and it’s departure time was 06.25 hrs..But the train that is Sealdah-Ajmer Express arrived at Ajmer Station at 11.45 hrs. on 03.10.2014. But in the meantime Intercity Express departed from Ajmer Station at 06.25 hrs. for which complainant failed to avail of that journey.
Now question is whether for the negligent and deficient manner of service causing late arrival of the Sealdah-Ajmer Express at Ajmer station, complainant failed to avail of the Intercity Express from Ajmer to Abu Road or not. In this regard we have considered the entire complaint wherefrom we find that incomplainant’s own document that is confirmed ticket, it is noted that departure time printed on the ticket is liable to change. So, complainant purchased the ticket knowing fully well about the change of time of departure or arrival and no doubt in the original ticket being PNR No. 6132442559 it is noted that the said train arrived at Ajmer at 11.53 hrs. and that was noted by the Station Superintendent of Ajmer Station.
Most interesting factor is that the complainant himself has admitted that there was notime to lodge a written complaint before the Station Superintendent of Ajmer Station and in fact after arrival when the complainant failed to avail of Intercity Express for late running of Ajmer Express, he did not file any complaint.
Another factor is that the starting point of the present train at Sealdah Station, complainant was aware of the fact that the said train arrived at Sealdah Station at belated stage of more than 5.35 minutes thereafter the train was rescheduled to start for further 20.55 minutes late and at the time of journey the train was at late and train started at late stage and that was within the knowledge of the complainant. Then it was the duty of the complainant to cancel the ticket which he purchased for their journey from Ajmer to Abu Road because it was impossible for the train to reach Ajmer Station by 02.45 hrs. on 03.10.2014.
So, about late running of train, complainant was well confirmed long before boarding at the train because the train was late what he heard at the Railway station and the evidence of the complainant had proved it.
At the same time at the time of purchase of both the tickets, no such written assurance was given by the Railway Authority to the complainant that if complainant availed of that Ajmer Express he must have to get such chance to avail of the Intercity Express from Ajmer because the ticket in which journey was fixed that was completed by the complainant and to that effect there was no negligence and deficiency on the part of the op for not availing of the train at Ajmer for their journey to Abu Road and no fault was on the part of the Railway Authority because complainant was well aware of the fact that when they availed of the Ajmer Express at Sealdah on that day, it was within their knowledge that it would not be possible to reach Ajmer Station in time to avail of Intercity Express to reach Abu Road. Probably complainant took risk and for which he did not cancel the ticket for journey from Ajmer to Abu Road for that reason op cannot be blamed.
Most interesting factor is that the allegation is made to the effect that due to laches and negligence on the part of the op, the train reached at late on 03.10.2014 at 11.53 hrs. though arrival time of Ajmer Express at Ajmer was 02.45 hrs. on 03.10.2014. But peculiar factor is that if a person knows that train is running late at the starting point and there was no chance to reach at Ajmer Station prior to 06.25 hrs. on 03.10.2014, in that case for what reason complainant preserved that ticket without cancelling the same and if for the sake of the argument if it is accepted that he retained that ticket with an expectation that train may cover that late hours and will reach prior to 06.25 hrs. on 03.10.2014, in that case that risk was taken by the complainant for which op cannot be blamed.
Next point is that there is no such document to show the late running of train was due to callousness of the Administration of the Railway because many factors are there for train driver to drive the train and train driver is always guided by the signaling of the Station Masters and also Railway Controlling Signalling Centre and all the drivers and guards for running the train is controlled by the Signaling Authority and a driver is guided accordingly and guard is guided by such instruction and as per guard instruction, the driver run the train.
No doubt there was no negligence on the part of the driver of the train and truth is that train arrived at late hours on the same date. So departure was also equally at late stage and in total the situation was out of control of the Railway Authority because on that date Ajmer Express at the time of reaching Sealdah was at huge late due to fog on the way and that was for the safety of the passengers and at the same time late running of the said train was for many other reasons and in the ticket it is specifically noted that time may be changed for various reasons. Then complainant purchased such ticket knowing fully well about the late running of train also.
In the particular case complainant was fully aware of the fact that it is impossible for Ajmer Express to reach at Ajmer at 02.45 hrs. on 03.10.2014 and admitted position is that the said train reached at Ajmer Station on 03.10.2014 at 11.53 hrs. So the train reached at Ajmer Station by 9 hours and 8 minutes late. So, it was impossible for any driver or the guard to cover such late hours of 9 hours and 08 minutes during journey. But even then complainant took risk for which he did not cancel the said ticket and unfortunate incident is that there was scope on the part of the complainant to handover that ticket for cancellation and in that case from Railway Administration complainant may get such relief, but that was not also availed of.
Thereafter this complaint was filed along with such vexatious complaint stating some other matter that latrine was dirty and other parts were dirty, but no such complaint was lodged. It is settled principle of the law that negligent and deficient manner of service must be proved by strong evidence, but such an allegation cannot belooked into by any Forum by casual approach. If we apply judicial approach in the present case, we do not find any negligence and deficiency for late running of the train and train may run at late. But it is not for laches of the Administration, several factors are there because safety matter is the prime consideration of running of a train and that will be followed by the driver and guard at first and that was followed, if actually complainant as a responsible human would apply his commonsense, in that case at Sealdah Station he may cancel the said ticket for journey from Ajmer but that was not cancelled.
So, in this case, laches on the part of the complainant is well proved. If any one takes any wrong decision for which he loses any money for that reason Railway Authority shall not have to pay anything. Fact remains that C.P. Act has given the Forum the power to decide two fold theorization – 1) deficiency of service and another defect of goods not more than that but Forum cannot go outside this surrounding and we are appointed by the provision of law. It must be kept in our mind that sentiment has no place in deciding any dispute because sentiment cannot give any judicial decision. Sentiment shall be placed outside the frame work of C.P. Act, when the judicial authority is guided by law. Whatever it may be it is to be mentioned in this regard that practically complainant has failed to prove any deficiency of service and negligent manner of service on the part of the ops by any means.
In the result, the complaint fails.
Hence, it is
ORDERED
That the complaint be and the same is dismissed on contest against the ops.
