IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 19th day of August, 2013
Filed on 05.02.2013
Present
- Smt. Elizabeth George (President)
- Sri. Xavier Antony (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.63/2013
between
Complainant:- Opposite Parties:-
Sri.Balachandran 1. The Divisional Commercial Manager
Naluthengunkal House Central Railway, Mumbai C.S.T.
Pathirappally P.O. Mumbai – 400 001
Alappuzha – 688 521
Working as Daftary 2. The Divisional Commercial Manager
Sr.DSC. Office Southern Railway
RPF W. Railway Thiruvananthapuram Division
Mumbai Central – 400 001 Thiruvananthapuram
(By Adv. G.Premlal)
3. The Secretary, Indian Railway Board Rail Bhavan, New Delhi – 110 001
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:- The complainant was a traveler in train No.16312 on 29.12.2012 in IIIrd AC compartment from Kochuveli to Panaval. He taken the ticket No.77874852 on 27.12.2012 by paying an amount of Rs.1318/-. All the relevant details including his self phone No. were indicated while booking the ticket. When the complainant on 29.12.2012 came to board the train, it came to his notice that the AC compartment in which he ought to have been provided have been cancelled and he was provided a seat in II class sleeper S3 coach instead of the AC coach he had take for. The complainant is allergic to dust, smoke and fumes and so as per the advice of his doctor he avoid travel in non AC environs. According to the complainant the second opposite party, without giving any prior intimation as forced him to travel by non AC compartment and he would have been cancelled the trip had he been given at least 2 hours notice. More over upon the assurance of the second opposite party the complainant started off on the expectation that AC coach will be provided in no time. But no AC was provided till the end of the journey. According to the complainant, the opposite parties have shown negligence and their irresponsible mode caused him great pain and agony. Hence he filed this complaint seeking the following relief.
1) to direct the opposite parties to give 5000/- towards mental agony that he had suffered,
2) to give Rs.10,000/- for his physical ailment caused,
3) to give Rs.10,000/- for the mental agony and sense of deprivation caused,
4) to refund the difference of the fare.
2. The version of the opposite parties are as follows:- The complaint is not maintainable.
The complainant is not a consumer. The complainant was never been a traveler in the IIIrd AC coach by train No.16313 on 29.12.2012. The complainant had a wait listed IIIrd AC ticket. He had no reserved accommodation granted in the said train, at the time of ticket. The complainant is a railway staff having knowledge about the functioning of the railways and he had taken he ticket with thorough knowledge that was a wait listed one. More over the complainant had travelled in the same train up to his destination. The complaint is made after availing the service offered by the opposite parties. The complainant is frivolous one and it is to be dismissed with costs.
3. The complainant remained absent. The opposite parties were represented through its counsel. The counsel for the opposite parties argued the case and insisted for compensatory cost on the ground that the compliant is frivolous and vexatious. The documents produced from both sides were marked as Exts.A1 to A3 and B1 to B5. No oral evidence adduced from both sides.
4. The points raised for consideration are:-
1) Whether there is any deficiency in service on the side of the opposite party?
1) Whether there is any merits in the complaint?
2) Whether the opposite parties are entitled to get cost?
3) Whether the complaint is frivolous and vexatious?
5. Issues 1 to 3:- The complainant’s case is that complainant had taken a ticket on 27.12.2012 for travelling in train No.16312 IIIrd AC compartment from Kochuveli to Panaval. The ticket dated 27.12.2012 as marked as Ext.A1. But on 29.12.2012, when the complainant came to board the train understood that instead of AC compartment, he was provided with non ACC IInd class sleeper S3 coach only. But in the version of the opposite parties, it is stated the complainant only given a wait listed IIIrd AC ticket. Ext.A1 produced by the complainant itself clearly proves this. According to the opposite parties, a person holding a wait listed ticket is not entitled to get a seat in the compartment, unless the ticket is later confirmed by the railway before he board the train. The complainant is an employee of the RPF and a regular traveler in the train, fully conversant with the procedure with respect to the booking and confirmation of railway tickets. The complainant has submitted his complaint, as if he was a passenger who is having a confirmed ticket to travel in the AC coach, but the version of the opposite parties as well as the ticket, Ext.A1 produced by him itself proves that it was only a ticket in the wait list. The conduct of the complainant by remaining absent continuously is also significant. The complainant may not have any explanation to the misleading averments given in the complaint by suppressing the material facts that he was having only a wait listed ticket.
6. In the facts and circumstances stated above this Forum is of opinion that this is a typical case in which a complainant having full knowledge about the falscity of his case approached this Forum only for the sake of causing difficulty to the opposite parties by dragging into litigation for some time, causing waste of money and man power of a Public Institution.
Hence this Forum, finds that the complaint is without any merits and is frivolous and vexatious and is liable to be dismissed with costs to the opposite parties. Accordingly the complaint is dismissed with a cost of Rs.1500/- (Rupees one thousand and five hundred only) in favour of the opposite parties. The opposite parties in the version admitted that they can refund the excess amount due to the complainant. Hence opposite parties are directed to adjust the said amount towards costs. The complainant shall pay cost as directed above to the opposite parties within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by me and pronounced in open Forum on this the 19th day of August, 2013.
Sd/- Smt.Elizabeth George (President) :
Sd/-Sri.Xavier Antony (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of the Railway ticket
Ext.A2 - Copy of complaint
Ext.A3 - Copy of letter from the 1st co-petitioner
Evidence of the opposite party:-
Ext.B1 - President’s Secretariat – general information (Photo copy)
Ext.B2 - Copy of the Letter dated 23.04.1998.
Ext.B3 - Letter dated 27.12.2012
Ext.B4 - Reservation chart for sleeper coach
Ext.B5 - Rules
// True Copy // By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/- Compared by:-
