In the District Consumer Disputes Redressal Forum, Murshidabad

Berhampore, Murshidabad.

Case No. CC/81 /2014

Date of filing: 18/06/2014                                                                 Date of Final Order: 16/05/2016

Monirul Islam.

S/O-Nazrul Haque.

P.S.- Suti,Dist- Murshidabad.……………………………...Complainant

                  - Vs-

1).Divisional Superintendant

Howrah Division, Eastern Railway,Howrah.

2). Station Master, Azimganj Junction Railway Station,

Azimganj, P.O.- Azimganj. P.S.- Jiaganj.

Dist.-Murshidabad.PIN-742122.(W.B.)

3). The DRM ( Eastern Railway), Malda,

P.O.- Jhaljhalia, Malda,PIN.-732102.

4). Station Manager, Sujnipara Railway Station,

Sujnipara, P.O.- Raghunathpur, P.S.- Suti,

 Dist.- Murshidabad,PIN-742223.          …………….……….  Opposite Party

                                   Present:   Hon’ble President, Anupam Bhattacharyya.               

                                                   Hon’ble Member, Samaresh Kumar Mitra.

                                                   Hon’ble Member, Pranati Ali.

FINAL ORDER

Samaresh Kumar Mitra, Member.

             This complaint has been filed by the complainant u/s 12 of C.P. Act, 1986 praying for compensation of Rs.19,99,900/- that on 29.10.2013 the complainant, being a physically handicapped person, for his travelling from Sujnipara Railway Station to Khagraghat Railway Station, wanted to book a ticket enjoying the facility of concessional benefit but the OP No.2 refused to allow him to give the confessional ticket and demanded full-charge for his destination. In the mean time the train arrived at the station and he boarded on the train without proper ticket. At Azimganj Junction Railway Station a Ticket Examiner being No. 4628 caught hold of him and demanded his ticket. But he failed to show his ticket. The said T.E. charged penalty without hearing the complainant in respect of handicapped and enjoyment of concessional benefit. He was manhandled. He was bound to pay Rs.100/- as penalty for his ticketless journey. The matter was reported to Azimganj G.R.P. but they refused to lodge diary. Thereafter, he made complaint to OP Nos. 2 & 4 by regd. post but not fruitful result has been achieved. The T.E.  No. 4628 while issuing Railway receipt for Rs.100/- fraudulently has written date of Journey on 29.10.12 instead of 29.10.2013. The complainant filed the instant complaint for getting reliefs as prayed for in the prayer portion of the complaint.

                The case of the OP No.2 is that all the allegations raised by the complainant in different paragraphs are totally false and denied. The specific case is that no incident as alleged was occurred on 29.10.2013. This Opposite Party on enquiry has come to know that EFT ticket No. 818515 was issued on 29.10.2012 and not on 29.10.2013. All aforesaid tickets were issued by Badge No. 4394 and not by Badge No. 4628. The T.E. Badge No. 4628 did not charge penalty of Rs.100/- as alleged by the complainant. The complainant is 60% Post Polio paralyzed patient as per concession certificate appendix 1/36 and this certificate is issued to those who cannot travel without escort. But complainant can travel as claimed in train without escort. His eligibility is also doubtful so far as concession is concerned. As per Appendix 1/36 one handicapped person is allowed to travel in train with an escort and not singly. 75% concession is allowed to both on Mail/Exp. Fare and not in passenger fare and passenger train. The complainant cunningly has not mentioned particulars of his train dated 29.10.2013 from Sujnipara to Azimganj and from Azimganj to Khagraghat. The story of his journey is not believable. As per Sec. 137 of I.R Act, no person can travel in a train without proper pass, ticket and handicapped person is no exception of that. The complainant has failed this complaint falsely and baselessly and to grab compensation. The case of the complainant is liable to be dismissed.

                The case of the OP Nos. 3 & 4 is that allegations made by the complainant in different paragraphs of his written version are false, fabricated, motive and baseless and such the same is liable to dismissed. The complainant neither mentioned train No. nor time of purchasing ticket in his complaint. On perusal of duty statement of Assistant Station Master of Sujnipara Railway Station it is evident that on 29.10.2013 no person like the complainant approached before the ticket counter demanding any handicapped ticket.

The complainant filed evidence on affidavit in which he averred that he was travelling from Sujnipara Railway Station to Khagraghat Railway Station on 29.10.2013, before boarding the train he approached the OP No.2 to give him concessational ticket showing his handicapped certificate but the OP No.2 refused to allow him to give the concessational ticket and he demanded full charge for his destination. In the meantime the train entered into the station and he boarded the train without ticket. Thereafter the TE being No.4628 caught hold the complainant at Azimganj Rly Station and charged him penalty for without ticket amounting to Rs.100.00 and during the course of altercation in between the parties the complainant sustained injury in his physique. He made complaint before the Rly authorities and GRP but of no result. The penalty receipt shows the date as 29.10.2012 instead of 29.10.2013 which shows the deficiency on the part of TE No.4628 for which the complainant filed the instant complaint praying compensation amounting to Rs.19,99,990.00.

                The OP No.2 in his affidavit in chief averred that the complainant is 60% Post Polio paralyzed patient as per concession certificate appendix 1/36 and this certificate is issued to those who cannot travel without escort. But complainant can travel as claimed in train without escort. His eligibility is also doubtful so far as concession is concerned. As per Appendix 1/36 one handicapped person is allowed to travel in train with an escort and not singly. 75% concession is allowed to both on Mail/Exp. Fare and not in passenger fare and passenger train. The complainant cunningly has not mentioned particulars of his train dated 29.10.2013 from Sujnipara to Azimganj and from Azimganj to Khagraghat. The story of his journey is not believable. As per Sec. 137 of Indian Railway Act, no person can travel in a train without proper pass, ticket and handicapped person is no exception of that.

From the discussion herein above, we find the following Issues/Points for consideration.

ISSUES/POINTS   FOR   CONSIDERATION

1). Whether the Complainant is a ‘Consumer’ of the Opposite Party?

 2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?

3).Whether the OPs carried on unfair trade practice/rendered any deficiency in service towards the       Complainant?

4).Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?

DECISION WITH REASONS

   In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.

(1).Whether the Complainant Monirul Islam is a ‘Consumer’ of the opposite party?

                From the materials on record it is transparent that the Complainant is a ticket less passenger travelling in the train and he was caught by Ticket Examiner at Azimgaunj Rly station and then he was penalized by the Ticket Examiner so he became “Consumer” after paying the fine as assessed by the Ticket Examiner by the spirit of section 2(1) (d) (ii) of the Consumer Protection Act,1986.

     (2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?

                Both the complainant and opposite party are residents/carrying on business within the district of Murshidabad. The complaint valued within Rs.20,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.                

    (3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?

             The complainant approached the OP No.2 for getting concessional ticket for making a journey from Sujnipara to Khagraghat by availing a train not named but the said OP refused to issue ticket reason not known to us. In the meantime a train not named arrived at the Sujnipara Rly. Station the complainant availed the train being a ticket less passenger. At Azimganj Rly Station one Ticket Examiner caught the complainant for without ticket as a consequence the complainant compelled to pay a penalty amounting to Rs.100.00. copy of which is annexed herewith and due to altercation with Ticket Examiner he sustained physical injury for which he availed the treatment of doctor. After this incidence he complained everywhere but of no result then he took the recourse of this Forum for redressal. After perusing the case record, documents on record and hearing the arguments as advanced by the parties we find that the complainant could not prove that he went to OP No.2 to purchase a concessional ticket and nowhere had he stated the Name & No of the train which he availed. It is a matter of law & rule of Railway Department while getting concessional ticket he has to fulfill certain criteria it is stated in the written version of the OPs. According to Railway travel concession procedure ‘Concession’ is admissible on basis Mail/Express fares only and not on ‘Ordinary’ fares applicable to passenger trains, Superfast surcharge, and reservation fee and safety surcharge. So it is matter of evidence to know the name & number of train which he availed. If it is local train then there is no question of issuance of concessional ticket to the complainant. Reason not known to us why the complainant did not mention the arrival time of the train, number of the train & name of the train. It is the general proposition of law that he who seeks equity must come with clean hands. In the instant case the complainant availed the train having no ticket for which he was compelled to pay fine. It is the wrong on the part of the complainant that he should purchase the ticket before availing the train. If the ticket counter refused to issue him a concessional ticket then he should inform the Station Master immediately and lodge a written complaint stating his grievances. But he failed to do that and availed the train on the platform to have his journey. If the complainant paid fine/penalty for ticketless journey then there is no question of altercation or harassment by the railway personnel for which he sustained physical injury.

        From the above discussion we may safely conclude that the complainant failed to prove his case for which he is not entitled to get any compensation from the OPs.

       Considering our findings given in respect of issues the complainants claim made by him through his complaint in question cannot be sustained and hence not accepted. We have therefore no option but to dismiss the complaint.

4). Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?

            The discussion made herein before, we have no hesitation to come in a conclusion that the complainant is unable to prove his case. So the Opposite Party has no liability to pay any compensation. In the result we pass the following order.

ORDER

           It is ordered that the Complaint Case No.81/2014 be and the same is dismissed on contest against the opposite parties with no order as to cost.

          The OPs are exonerated from their liability of paying any compensation to this complainant.

          Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/sent by ordinary post forthwith, for information & necessary action.

           Dictated and corrected by me.

                  Member,                                                    Member,                                  President.