BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.194/2017

DATED ON THIS THE 19^h January 2018

Present:       1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT  

    2) Smt. M.V.Bharathi                   

                                   B.Sc., LLB., -  MEMBER

    3) Sri. Devakumar.M.C.                

                                            B.E., LLB., PGDCLP,    - MEMBER

Sri M.C.DEVAKUMAR,

Member

1.     The complainant filed the complaint under section 12 of the C.P.Act 1986, against the opposite party for the deficiency in service and seeking relief of a total sum of Rs.3,32,597/- towards the mental agony, inconvenience, monetary loss with such other reliefs.
2.     The complainant got reserved the berths at Mysore City Railway junction, for the return journey from Ujjain to Mysore, along with his family members.  Since the coach was over crowded with unreserved intruders at Ujjain, who were sitting and standing near the toilet, walkway and the doors unable to occupy their reserved berths, reported the facts to the TTE and also to the RPF to assist them to occupy their reserved berths and to travel peacefully, but in vain.  The complainant through SMS over his mobile phone complained to the concerned authorities at Bhopal and Kazipet, but no use.  Hence, the aggrieved filed the complaint and sought for the reliefs.
3.     The opposite party filed version denying the allegations and submits the complaint is barred by jurisdiction and liable to be dismissed as the cause of action to the complaint arose beyond the jurisdiction of opposite party.  Therefore, the allegation of deficiency in service is denied and prayed for dismissal of the complaint.
4.     To prove the facts, both parties lead evidence by filing respective affidavits and the complainant relied on several documents, only opposite party filed written arguments.  Heard oral arguments of both side.  Perused the material on record and posted for orders.
5.    The points arose for our consideration are:-

1. Whether the complainant established the deficiency in service by the opposite party, for not providing a safe and comfortable journey during their journey from Ujjain to Mysore, despite of having reserved the berths and thereby he is entitled for the reliefs sought?
2. To What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant booked tickets at Mysore City Railway Station for the return journey along with his family members.  The journey was between Ujjain to Mysore on 25.05.2017 by train No.12976.  The coach and berth was S5 and 57, 58 and 63 respectively.  The distance and the hours of journey was 1950 kms and 33 hours.
8.    The reserved coach S5 was overcrowded with many unreserved commuters at Ujjain, by blocking the entry doors toilet area and the complainant’s reserved berths were occupied by the unauthorised intruders.  The complainant lodged a oral complaint to the TTE at Ujjain, who failed to vacate the intruders from the coach and arrange to occupy the reserved berths by the complainant and his family members.  They suffered mental agony, inconvenience.  Complaints were lodged repeatedly at Bhopal and Kazipet, but in vain. On reaching Mysore City junction another complaint lodged with the RPF Mysore, but no fruitful results.  Hence, the complaint seeking reliefs.
9.    The opposite party admitted the booking of tickets at Mysore city junction and contended that, Ujjain station is beyond its jurisdiction as such, the complaint ought to have been filed at Ujjain and the complaint is bad for lack of territorial jurisdiction.  Further, contended that the complainant suffers due to lack of material evidence about the mental agony and hardship suffered by the complainant and his family members.  Thereby, the opposite party contended that the complaint is not maintainable and liable to be dismissed for lack of jurisdiction and misjoinder and non-joinder of necessary party to the complaint. 
10. On perusal of the material on record, the Indian Railways have been bifurcated into several division for better administration, to provide optimum services and to facilitate a safe and happy journey to all its commuters.  The railways extend services through out the country by running the trains through and to various destinations.
11. Accordingly, the train bearing No.12976 between Jaipur and Mysore city junction is one which runs through Ujjain city, from where the complainant and his family members boarded  the train to reach Mysore city junction.  They got reserved the berths in coach No.S5 and berth Nos.57, 58 and 63.  It was also true that, the distance and the journey hours was 1950 kms and 33 hrs respectively.  The photographs furnished by the complainant established that, the coach was occupied by unreserved, authorised intruders sitting and standing near the toilets, doors and the walkways.
12. The SMS messages relating to the complaint sent to the concerned authorities established the complaints were lodged by the complainant with respect to the unauthorised intruders into the reserved coaches.  The authorities ought to have provided a safe and happy journey to its commuters, by taking appropriate steps, miserably failed to provide the same to the holders of valid journey tickets.  Further, the contention of maintainability of the complaint on the ground of lack of jurisdiction is not justified, because there are several train runs from opposite party station, beyond its territorial jurisdiction.  As such, the contention of opposite party is not accepted.  Thereby we opine that, the opposite party committed deficiency in service and caused mental agony, inconvenience and hardship to the complainant and his family members.  As such, the opposite party is liable to pay compensation to the complainant.   Accordingly, the point No.1 is answered partly in the affirmative.
13. Point No.2:- In view of the observations made in point No.1, we proceed to pass the following

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is hereby directed to pay compensation of Rs.25,000/- towards the deficiency in service and damages of Rs.10,000/- for the mental agony, inconvenience and hardship suffered and Rs.2,000/- towards litigation expenses to the complainant, within 60 days of this order.  In default to pay penalty of Rs.200/- per day until compliance.  
3. In case of default to comply this order, the opposite party undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
4. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 19^th January 2018)