Karnataka

Bangalore 4th Additional

CC/11/822

Francis Xavier - Complainant(s)

Versus

Divisional Railway Manager - Opp.Party(s)

Inperson

05 May 2011

ORDER

BEFORE THE 4TH ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN
No.8, 7th Floor, Shakara Bhavan,Cunninghum, Bangalore:-560052
 
Complaint Case No. CC/11/822
 
1. Francis Xavier
A.No. 5, Muniga Layout M.S. Nagar, Bangalore-560033. Karnataka
Bangalore
Karnataka
...........Complainant(s)
Versus
1. Divisional Railway Manager
South Western Railways Bangalore Division DRM'S Office Complex Subash Nagar Bangalore -560023.
Bangalore
Karnataka
2. Divisional Railway Manager
South Western Railways Club Road, Hubli -580023.
Hubli-580023.
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HONORABLE Sri D.Krishnappa PRESIDENT
 HONORABLE Ganganarsaiah Member
 HONORABLE Anita Shivakumar. K Member
 
PRESENT:
 
ORDER

Heard the complainant who is in person regarding admission of this complaint.   His grievance is that he had reserved ticket in Udyan Express for his travel from Bangalore to Pune and back from Bombay to Bangalore.  But on both journey days he found that his bhogi was over crowded and thereby aggrieved by such over crowding of bhogi alleged that Railway Authorities in not controlling amounts to deficiency has prayed for refund of his journey amount and to pay compensation.   The complainant is not denying completion of his journey on both ways and occupation of berth reserved by him.   His grievance is only with regard to over crowding in the bhogi.   This problem aired by the complainant is the problem of our country wherein public inconvenience are being over crowded which cannot be, until the authorities take up the matter, checked for the present.   Besides that complainant who underwent journey on both ways as stated above having not suffered by denial of the berth  cannot complain of any deficiency in the service of the Op. Thus, the question of refund of fare is not permissible and compensation for over crowding cannot also be awarded because it cannot be termed as deficiency caused by the Op to the complainant having regard to the facts involved in this case.  Hence, complaint under these circumstances is not maintainable and is dismissed at the stage of admission.

 
 
[HONORABLE Sri D.Krishnappa]
PRESIDENT
 
[HONORABLE Ganganarsaiah]
Member
 
[HONORABLE Anita Shivakumar. K]
Member

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