DATE OF FILING                    :     31-05-2013.

DATE OF S/R                            :      21-06-2013.

DATE OF FINAL ORDER      :     19-05-2014.

Sri Arun Sur,

son  of late Bimalendu  Sur

of  Dasa Bhuja Tolla,  P.S. & P.O. Chandanagar,  

 District –Hooghly.------------------------------------------------------------  COMPLAINANT.

-          Versus   -

1.         Divisional Railway Manager,

Kharagpur Railway Station,

PIN – 721301.

2.         Sr. Station Railway Manager ( GA 2 )/ SE Railway,

Howrah,

PIN – 711101.----------------------------------------------------OPPOSITE PARTIES.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.               It is a case where complainant has filed a petition U/S 12 of the C.P. Act, 1986  (as amended upto date ) against o.ps. alleging deficiency in service.

2.               Brief facts of the case is that complainant was travelling from Puri to Howrah by the Train no. 12838 ( DN ) ( Puri – Bhubaneswar HWH Express ) in BTR AC  Coach No. B/2, berth no. 27 by procuring Ticket No. PNR : 661-0647134. It is alleged by the complainant that during his travelling period, when he was sleeping, the rats, which were running here and there inside the coach, destroyed his Puri- Jagannath Prasad, cloths, sweaters, warm- coat and some important papers related to National Council for Teachers’ Education’. It  is further stated by him that due to loss of such papers, he has not only lost the payment of  Rs. 50,000/- which was supposed to be paid by the Kolkata  Authority of the above said institution, but also he was threatened by them to face the legal consequences. He narrated everything to the TTE with a request to register it as his complaint but he was advised to lodge his complaint at Howrah Railway Station. Accordingly, he lodged the complaint at Howrah  Railway Station on 10-01-2013 vide  Annexure. And on 11-01-2013, o.ps. sent a regret letter to him. But complainant was expecting compensation of Rs. 2,00,000/- from o.ps. for his loss. But o.ps. remained silent on the issue. Being aggrieved, complainant filed this instant petition praying for a direction to be given upon o.ps. to pay an amount of Rs. 2,00,000/- as compensation for causing mental agony and financial loss to him.     

3.               Notices were served upon the o.ps. O.ps. appeared and filed written version.   

4.               Upon pleadings of both parties two points arose for determination :

i)          Is there any deficiency in service on the part of the O.Ps.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

5.                  Both the points are  taken up together for consideration. O.ps. have denied all

allegations of the complainant leveled against them. O.ps. have also categorically stated in details in para 9 of the written version how they were very very careful to keep the railway coaches rats or rodent free. O.ps. have also denied  the fact that complainant was at all authorized by the  Director of National Council for Teachers Education, Kolkata, to communicate with the Bhubaneswar  Authority of the said institution. But it is surprising how o.ps. could know every aspect of the complainant’s personal affair and assignment. However, we all know that for any Hindu, Puri-Jagannath Prasad has got immense emotional and religions value. And he has lost that ‘Prasad’. If an  A.C. Coach is insecured  like this, the wretched condition  of normal coaches are quite easily understandable.  And many of us have this kind of experience during travelling.  It is also o.ps.’ allegation that only complainant has filed a case but other passengers of the same coach have not come before any Forum with same kind of allegations, so it is a concocted story of the complainant himself. It is also our common experience that all the affected people also do not come for redressal at a time. But some people are always there who protest against any kind of malpractice. And, if we, being the adjudicating authority, do not appreciate this kind of effort of a consumer, the spirit of consumer movement would get highly frustrated. When o.ps. have taken such a high price for a berth in A.C. coach, it has been really had for the complainant to lose his Prasad. Not only that, his clothes, sweaters, warm clothes, documents have got destroyed which is really undesirable. So complainant as a consumer is very well entitled to file a case before a Consumer Forum,  as this incident cannot be termed as an  ‘Untoward Accident’. Accordingly, we hold o.ps. to be deficient in service.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 177 of 2013 ( HDF 177 of 2013 )  be  allowed on contest with  costs  against  the O.Ps. 

      That the  O.Ps. are jointly and severally directed to pay Rs. 5,000/-  as compensation and Rs. 2,000/- as litigation costs to the complainant within one month from this order, i.d., the entire amount of Rs. 7,000/- shall carry an interest @ 10% till actual payment.  

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                  

  Member, C.D.R.F.,Howrah.