BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                              C.C NO-82/2016

Present-Sri Dipak Kumar Mahapatra, President, Smt. Smita Tripathy, Member (W).

Rabindra Nath Debata,aged about 60 years,

S/O- Late Jagadish Debata,

R/O- Panchgachhia,P.O- Baraipali,

Dist-Sambalpur-768006.                                                                …..Complainant

Vrs.

East Coast Railways,

Represented through its General Manager,

At/P.O- Patia,Bhubaneswar.                                                                     …O.Ps

Counsels:-

1. For the Complainant:-        Sri P.Panigrahi, Advocate & Associates.
2. For the O.P                :-         Sri A.K Senapati, Advocate & Associates.

DATE OF HEARING : 01.03.2021, DATE OF ORDER : 08.03.2021

SRI DIPAK KUMAR MAHAPATRA, PRESIDENT:-Brief facts of the case are that, the Complainant is a regular traveller/passenger of Indian Railways. He complains that the two waiting rooms at Khetrajpur Railway Station in Sambalpur though fitted with Air Conditioners were not functioning since one year. A water cooler was made available for some days but that also was removed by the authority. On dtd. 21.09.2016 on his journey to Bhubaneswar from Sambalpur he found no attendant there and no improvement in the existing condition were observed. He alleged that Sambalpur-puri and Bolangir Bhubaneswar Intercity express takes about seven hours to cover the distance  and the O.P was providing tea, Tiffins, drinking water, and other food materials in the train through IRCTC but the facilities were stopped by the O.P for which the passengers suffering a lot.  On dtd.31.01.2015 while the Complainant was travelling from Bhubaneswar to Sambalpur in Train No- 18304 seat no-5 of coach no-C/12, just after 10 minutes of leaving Bhubaneswar the Complainant went to the Toilet and notice that the both coaches C/1 and C/2 has no water in their Toilets.  He brought the matter to the notice of the TTE who assured to solve it but in vain. So the Complainant has to purchase 5 litres of drinking water and managed the nature call any way in the dirty and unhygienic bath rooms in the Train. After reaching Rairakhol station again the Complainant noticed that there was no water in the Toilets and he requested the TTE to provide him complaint book to register a complaint. The TTE supplied the Complaint book with a remark that nothing will going to happen by this complaint. The Complainant on dtd.08.02.2015 lodged a complaint through e-mail bearing no-W/EO/KUR/000054118 but it was remained unheard by the O.P. So considering the acts of O.P as Deficiency in Service the Complainant file the petition seeking certain relief from this Commission as prayed.

But according to the O.P there is no provision for air conditioned upper class waiting halls in Indian Railways but Air Conditions are fitted in some important stations like Jharsuguda, Visakhapatnam etc. considering the requirements. Again he submitted that during introduction of Intercity Express Train 18303-04 and 12893-94 departmental vending services were provided but afterwards it was stopped by the IRCTC. Now the O.P is about to launch Train Side Vending Services for the travellers. The Divisional Mechanical Engineer has already intimated that the said train was watered at Khurda   on dtd. 31.01.2015 at 16.47 hrs. which is reflected in CTS/Watering register of Khurda Station so it is unbelievable that the Complaint observed no water in the bathroom of C/1 &C/2 coaches just after 20 minutes of leaving Bhubaneswar station and just after 50-55 minutes of watering at Khurda. It may be possible due to malfunctioning in the water raising apparatus for which water could not be released from the storage tank of the coach. On lodging the Complaint on dtd. 31.01.2015 the official of the O.P referred the matter to the concerned department who took the matter seriously and the SR. Divisional Commercial Manager, Khurda has conveyed his regret for the inconvenience caused  to the Complainant and affirmed to take effort to eradicate the same vide letter no-SDCM/PG/Misc./21/02/2015 dtd. 10.02.2015. Hence the OP has not committed any deficiency in service as alleged by the Complainant and the petition being a vexatious and frivolous one deserved to be dismissed with cost.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has purchased tickets from the O.P with payment of consideration to travel from Bhubaneswar to Sambalpur. It is evident from the reply of the opposite parties that nothing was done to address the complaints of the complainant during his journey from Bhubaneswar to Sambalpur. The complainant has adduced proof of complaint made with regard to the dirty train compartment and no water in the toilet and adduced the ID numbers showing that his complaint were duly received by the concerned department. Despite the complainant following the directions given to him no services could be provided to him during his journey. There is no proof of any action taken by the Railways for Redressal of these registered complaints. It proves that the promises and tall claims made by the opposite party regarding quick response for Redressal of complaints made by travelers, are hollow and the ground reality is different. As far as the opposite party is are concerned, he is the official of the railway department. Opposite party number 1 is the Station Superintendent, Sambalpur and it can't be said that he was responsible for the cleanliness of the above said train on its journey from Bhubaneswar to Sambalpur. However, O.P-2 is the overall in charges of the total functioning of the Railways and maintaining cleanliness and providing adequate passenger amenities is also part of their responsibilities as the train in question was plying within his jurisdiction. We are of the considered opinion that the O.P-2 is guilty of deficiency in service and negligent conduct as they failed to exercise due authority in discharge of their duties through their subordinate departments, much to the detriment of the common traveler. In view of the above the complaint is allowed. Hence we order as under:-

ORDER

The Complainant petition is allowed. The O.P is directed to pay to the complainant Rs.5,000/- (Rupees Five Thousand)as compensation for causing mental agony and harassment along with Rs.2,000/- as litigation expenses within 45 days from the date of receipt of this order, failing which, the complainant is at liberty to proceed in due process of law. Further the O.P is directed to          rectify all the problems relating to Air Conditioners, dirty toilets, water problems in bathrooms in the coaches within 15 days of receiving this order.

            Order pronounced in the open court today i.e, on 8^th day of March-2021 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

I agree,                                                                                             

-Sd/-                                                                                                              -Sd/-

MEMBER.(W)                                                                                              PRESIDENT.

                                                Dictated and Corrected

                                                                By me.

                                                            -Sd/-

  PRESIDENT