DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 30^th  day of July  2016 

Present  : Smt.Shiny.P.R,  President

             :  Smt.Suma.K.P, Member

             : Sri. V.P.Anantha Narayanan, Member                Date of Filing : 08/09/2015

      CC/128/2015

Dr.A.C.David,                                                         :        Complainant   

Arimboor House,

ATS Road,

Chalisseri – 679 536

  Vs

1.Division Railway Manager,

   Southern Railway,

   Palakkad – 678 002

(By Adv.T.R.Rajagopalan)

2.General Manager

   Central Railway

   Mumbai CST                                                        :          Opposite parties

(By Adv.T.R.Rajagopalan)

                                                      O R D E R

By Smt.Shiny.P.R, President

Complainant had taken a 3^rd AC class railway circular journey ticket for 6 adults bearing No. EFT No.237186 dated 12-1-15 from Shornur Railway station as per the direction of the 1^st opposite party vide letter No.J/C-170/CJT/P dated 30-10-14. When the train reached at Panvel Railway station, the ticket inspecting staff behaved very badly and charged Rs.270/- per person by  saying that the complainant and his colleagues  didn’t  have ticket to travel in a suburban train. The Complainant submitted that they had produced their circular journey ticket before the inspecting staff. Even then, they penalized the complainant and his colleagues. Complainant submitted  that the act of opposite parties amount to deficiency in service. Hence the complainant prays for an order directing opposite parties to pay Rs.5000/- each to six members as the compensation for mental agony, to refund the fine of Rs.1620/- which was levied  by the opposite parties and to pay the cost of proceedings.

          Complaint was admitted and notice was issued. After receiving the notice, opposite parties appeared before the Forum and filed their version.

1^st opposite party  contended that, for the onward journey from Shornur to  Panvel, since there was no reservation, complainant and others seems to have travelled by suburban train where there was no reservation facility. As such the TTE is justified in charging the passengers at the rate of Rs.270/- per person. This opposite party denied the allegation that the TTE behaved very badly . As such there was no deficiency in service on the part of the railway staff and their action was perfectly as per the railway rules.

2^nd opposite party contended that complaint is not maintainable and the Forum has no territorial  jurisdiction to entertain this complaint. The alleged cause of action has arisen at Panvel station which does not come under administrative control of 1^st opposite party. Hence 1^st opposite party is not a necessary party. Moreover 2^nd opposite party submitted that the charges recovered includes fare plus penalty equivalent to fare subject to minimum of Rs.250/-. Therefore, for refund of fare the Railway Claims Tribunal  have exclusive jurisdiction under section 13 and   15 of Railway Claims Tribunal Act. Further opposite party contended that at the time of checking of tickets the complainant failed to produce any ticket. The complainant and other five passengers initially requested for letting go by taking illegal gratification. Subsequently they paid the penalty for travelling without ticket. Fare of Rs.20/- and penalty of Rs.250/- has been collected from each of six passengers. All the passengers signed the receipts issued to them acknowledging the charge of travelling without ticket as mentioned in receipts. If the complainant was wrongly penalized for travelling in suburban train on 3AC unreserved ticket from CSTM to Panvel, the concerned staff would have mention the details of the said ticket on Excess Fare Receipt. Even the passengers did not mention on receipt as the same was signed under protest. The allegations of misbehavior has been denied by the 2^nd opposite party.

Both parties filed their respective chief affidavits. Ext A1 to A7 were marked from the side of complainant. 

The following issues are taken into consideration

1. Whether the complaint is maintainable?
2. Whether there is any deficiency in service on the part of opposite parties?
3. If so what is the relief?

Issue No1

We have perused the documents filed before the Forum. Ext.A2 series proves that complainant had taken 3^rd  AC circular journey ticket for six adult persons.  The ticket was issued in the name of the complainant for himself and on behalf of others. This fact was not disputed by the opposite parties Hence he has locus standi to file the complaint in his name. Apart from this, Ext.A2 ticket was issued from Shornur Railway station. So part of cause of action has arisen at Palakkad District. Hence the Forum has the territorial jurisdiction to entertain this complaint.

Issues No.2 and 3

 Allegation of the complainant is that at the time of travelling from CSTM to Panvel in Suburban  local train, inspecting staff of opposite parties had charged Rs.270/-per person by saying that complainant and his colleagues have no ticket for travelling in the local train. Opposite parties admitted that they had charged penalty for travelling without ticket. As per Ext.A2 series 3^rd AC circular ticket issued by 1^st opposite party, complainant and his friends can travel with this ticket from SRR to PNVL. 2^nd opposite party contended in their version that if the complainant was wrongly penalized for travelling in suburban train on 3^rd AC unreserved ticket from CSTM to PNVEL, the concerned staff would have mention the details of the said ticket on Excess Fare ticket. From this we realize the fact that the staff of the 2^nd opposite party omitted to mention the details of  ticket in Ext.A3 receipts. In the version of opposite parties they have contended that the penalty was charged for purely without ticket. But in this case the complainant and his colleagues had 3^rd AC circular ticket for travelling from Shornur to Panvel.  Complainant submitted that they produced their circular journey ticket before the inspecting staff but they ignored the words of the complainant and his colleagues and seized their ticket by behaving very badly and using abusive language.

At the time of cross examination, opposite parties deposed that the complainant and his colleagues were not permitted to enter Suburban local train by using 3^rd AC class railway circular journey ticket . This train is under the control of the Western Railway. The passengers coming from southern side of the country may not be aware of these conditions. If there is any such conditions, it  should have been informed  to the passengers at the time of issuing such type of circular journey tickets. So in the above circumstances, we are of the opinion that both opposite parties have committed deficiency in service on their part. Hence complainant and his colleagues are to be compensated for their mental agony and financial loss caused by the act of the opposite parties. 

 In the result we allow the complaint. Hence both opposite parties are jointly and severally liable to pay Rs.6,000/- (Rupees Six thousand only)  to the complainant and his colleagues towards compensation for mental agony suffered by them along with cost of Rs.1,000/- (Rupees One thousand only).

Order shall be complied within a period of one month from the date of receipt of the order, failing which complainant is eligible for 9% interest per annum for the whole amount from the date of order, till realization. 

Pronounced in the open court on this the  30^th  day of  July  2016.

                                                                                     Sd/-                                                                                                                   Shiny.P.R                                                                                

                       President

                            Sd/-

                      Suma.K.P

                          Member

                             Sd/-

          V.P.Anantha Narayanan

                        Member

APPENDIX

Witness examined on the side of complainant

Ext.A1 – Photocopy of letter dated 30/10/14 of Divisional Railway Manager, Palakkad

Ext.A2 – Photocopy of circular journey ticket EFT No.237186 dtd.12/1/15 with

             authority letter of Shoranur Railway Station

Ext.A3 – Photocopy of receipt of fine  levied on 13/4/2015

Ext.A4 – Photocopy of registered letter to 1^st opposite party dtd.14/4/2015 with

             postal receipt

Ext.A5 – Photocopy of acknowledgement  of 1^st opposite party dated 27/4/15

Ext.A6 – Photocopy of acknowledgement of 2^nd opposite party dated 19/5/15

Ext.A7 – Photocopy of email sent to 2^nd opposite  party

Witness examined on the side of complainant

Nil

Witness cross examined on the side of complainant

PW1 – Dr.A.C.David

Witness cross examined on the side of opposite party

DW1 – H.M.Waghela

DW2 – Hardeepsingh Kashmirsingh Aulakh

Cost

Rs.1,000/- allowed as cost of proceedings