JUDGEMENT

          Complainant by filing this complaint hasalleged that the complainant purchased one Railway Ticket No.46882118 bearing PNR No. 660-6258911 for Train No.31163 UP HateyBazarey Express, for journey on 05.09.2012 from Sealdah to Harischandrapur for himself and his ailing 70 years old mother Mrs. AlimanNesha having confirmed Reservation at Coach no.S-5, Lower Berth No.57 for his mother and Middle Berth no.58 for himself.

          When the train arrived at the Sealdah station sometime before the scheduled departure time of 20:10 hours, the complaiant could not board the train with his ailing old mother for sometime as hundreds of passengers (probably daily passengers) forcefully entered into reserved compartment and occupied all the reserved seats and berths and thereafter, with unexplainable pain and difficulties the complainant boarded the train with his ailing old mother and found that their reserved seats/berths had already been wrongfully occupied by unauthorized people claiming themselves to be daily passengers.

          The said daily passengers not only occupied the reserved seats and let the actual ticket-holders keep on standing, some of them also occupied the upper berth and others started playing cards.  On repeated request with folded hand the complainant was at least allowed to place his mother to sit down and somehow the old ailing lady managed to sit down.  However, immediately thereafter almost all of the said unauthorized passengers began to smoke by lighting up bidis or cigarettes and filled up the compartment with smoke.

          Fact remains that the old mother of the complainant was just released from hospital with chronic Interstitial Lung disease and also Rheumatoid Arthritis.  So, such tobacco smoke was deadly injurious for her health and more so, she was released from hospitalization only about a month ago and the complainant and his ailing mother both repeatedly prayed with folded hands to all those people to at least stop smoking otherwise it might invite very fatal injury to her lungs.  But unfortunately no unauthorized passenger paid any heed to their requests and continued to smoke uptoNaihati station and that journey was about one hour and ultimately the complainant’s mother became unconscious in the meantime.

          Fact remains that there was no guard, no Railway Police, no Ticket Checker from the Railways Authority/op and there was no system, no arrangement or no control on the part of the Railway Authority to ensure the minimum service to the lawful passengers and to ensure at least a minimum endurable  atmosphere within the compartment.  But only at Bandel station one TTE named as Samir Kumar Roy visited the compartment and on narrating the harrowing experience, the said TTE expressed his helplessness.

          Thereafter on arrival at Harischandrapur station on 06.09.2012 morning hours, the complainant went to his native village with his ailing old mother who had by that time, reached a traumatic condition over next few days she was very serious and ultimately on 26.09.2012 she expired.

          Complainant before expiry of his old ailing mother, sent a detailed e-mail letter to Senior Dy. General Manager, Eastern Railway, on 11.09.2012 narrating the entire episode and also indicating that he would approach the appropriate authority for necessary compensation but very sadly to express that there was no response of the said e-mail on the part of the op.

          Because of such serious negligence and deficiency on the part of the op authority, the complainant and his ailing mother has not only been deprived of the enjoyment, comfort and service from the op but also suffered immeasurable suffering and ultimately the mother of the complainant lost her life.

          In view of the above position complainant served legal notice on 01.11.2012 through his Advocate claimed immediately to pay a compensation within 15 days from the date of receipt of the said notice on 05.11.2012.  But they became silent.  In the above circumstances, for gross deficiency and negligence of service on the part of the op and not for giving proper service to the Reserved Ticket holders are able to occupy and enjoy the reserved berths during the journey up to Naihati and for disturbing the ailing passengers patient by the unlawful passengers and for dispossessing them from their confirmed seats and in the circumstances they have prayed for compensation.

          On the other hand the Railway Authority/op by filing a written version submitted that the medical papers annexed to the complaint do not justify the complainant’s case and discharge summary of Fortis Hospital shows that the said aged Mrs. AlimanNessa aged 69 years with complaint of severe pain in the intrascapular region radioting to the neck since last two weks and breathlessness on exertion for 2 to 3 months and her past medical history speaks that she was a known patient of Rheumatoid Arthritis for 1 year.  She was discharged in stable condition on 26.07.2012 and in case of shortness of breath she was advised to contact over phone that the prescription dated 24.08.2012 issued by Fortis Hospital speaks about AlimanNessa’s pre-existing diseases and her treatment and the death certificate speaks that she died at the age of 73 years on 26.09.2012.  But complainant deliberately withheld the treating doctor’s death certificate with some ulterior motive, probably the dead body was not placed for post mortem examination to ascertain the real cause of her death.

          So, for her death op cannot be made liable and it is further submitted that TTE was present on 05.09.2012 in the said coach.  There was no negligence and deficiency of service on the part of the op and there was no cause of mental or physical pain and the complainant’s allegation that ops are negligent which is completely false but for some financial benefit this complaint is filed.  So, the complaint should be dismissed.

Decision with reasons

          On proper consideration of the entire materials particularly the fact disclosed in her complaint and written version we have gathered that in the written statement it is not denied by the op that the said coach was overcrowded by the unlawful passengers the daily passengers at the relevant time up to Naihati and it is also not denied that the said unlawful passengers began to smoke and to play cards without giving the complainant and her old ailing mother to sit up to Naihati and admitted fact is that the complainant and her ailing mother were passengers having reserved ticket in Coach No. S-5 that has not been denied.  But from the written version it is clear that entry of the unlawful passengers (daily passengers) is not denied.

          Then question is how the op has claimed that complainant’s entire version is false and fabricated.  Even if we believe that death of his mother was not for such harassment.  But we have gathered from the argument as advanced by the Ld. Lawyer of the op in this case that the TTE named as Samir Kumar Roy has stated that he is working as the Chief Ticket Inspector (G), Eastern Railway, Malda Town Station and no complaint was lodged and he has stated that during ticket checking by the said TTE he did not find up no passenger having valid reserve ticket complained him about presence of unauthorized passengers in this coach and he did not see any daily passengersin HateyBazarey Express in the said coach and complainant did not make any such complaint to him during journey in Coach No. S-5 after departure from Sealdah on 05.09.2012 and all other passengers availed of the journey without any complaint except this complainant made this allegation.  Referring this statement of TTE Ld. Lawyer for the op submitted then it is clear that the complainant’s version is false.                   

          In this regard Ld. Lawyer for the complainant submitted that in the written statement, there is no such version as stated by the TTE as witness and there is no denial that daily passengers encroaches the entire slipper coach up to Naihati.  There is no denial that the old ailing lady suffered much due to smoking made by the unauthorized passengers (daily passengers) and furthers the op by filing written statement tried to convince that this claim is not maintainable before this Forum.  But only Railway Claim Tribunal can entertain the same and if the written version is taken into consideration in that case it is found that Railway Authority with full knowledge and even after reading the complaint, did not deny all those allegations and when they found that it is not possible to face the complainant’s allegations they produced a dishonest TTE who knows very well that HateyBazarey Express is always overcrowded with daily passengers up to Naihati.  But fact is that the duty bound TTE is always absent, even then by placing the dishonest TTE the ops have tried to convince that it is false.

          But actually the version of the TTE is false because it is a daily scene of HateyBazarey Express from Sealdah to Naihati and fact remains up Naihati no one shall be allowed to sit in the slipper coach and it is forcibly occupied done by the daily passengers and for long years it is the right of the daily passengers to encroach the seat of the slipper coaches up to Naihati in presence of Railway TTE.  But even then TTE are found mere spectator.

          Considering the evidence of the complainant including the ops’ TTE and particularly the written version of the ops, it is clear that in the written version the allegation of the complainant has not been denied, not even there was any specific statement that the TTE was in the said coach up to Naihati.  But fact remains that TTE was not there.  TTE did not entertain each and every slipper coach passengers with confirm ticket and it is their daily duty not to entertain and they casually come only to give all the daily passengers to give company and thereafter from Sealdah to Naihati thereafter up toBandel station, TTEs are like scapegoat.  So, uptoBandel TTE is very much reluctant and practically they are friends of daily passengers and if TTE are found active and discharged their duties daily in that case invariably passengers revolt shall be found in the Sealdah Station or if any other train from Howrah Station.  But Railway Authority has no desire to control it.

          It is fact and most interesting factor is that Railway Authority by filing written statement has not stated anything particularly about the allegations.  But when they fail to face such situation and so they produced a TTE Samir Kumar Roy and they are no doubt relyied upon the evidence of Samir Kumar Roy TTE.  But we cannot rely upon such statement of Samir Kumar Roy in view of the fact any one can see the same situation happens daily in HateyBazarey Express up to Naihati and Bandel station and there is no scope on the part of Railway Authority to control it and fact remains that it is not only in the HateyBazarey Express similar type of incident is always found in respect of Gour Express and someother express trains, it is occupied by the daily passengers up to Naihati or Bandel station and in case of Gour Express it is up to Burdwan Station.

          But anyhow the allegation as made by the complainant cannot be disbelieved and there is no ground to disbelieve and it is a harassment of all the bonafide passengers with confirmed ticket daily in the HateyBazarey Express up to Naihati and Bandel station.  Even it is daily experience of such situation and it is truth but even then the ops have stated a false story before this Forum and the statement of Samir Kumar Roy/TTE cannot be believed in view of the fact no such statement is recorded in the written version.  So, it can safely be said that only to save the TTE/Samir Kumar Roy Railway Authority has produced the evidence of Samir Kumar Roy.  But we cannot rely upon such evidence in view of the fact no such statement is disclosed in the written version that means it is after thought.  Whatever it may be we have gathered that Samir Kumar Roy TTE has adduced false evidence.  If he shall be present before this Forum, this Forum can examine him on the ground the Forum Members have their same knowledge and past experience about HateyBazarey Express journey.  That is horrible and fact remains that the complainant has point out the truth.  Fact remains that is a truth of each day journey but in the written statement nothing has been denied line by line about the allegations.

          Fact remains TTEs are found after Bandel station and before that the TTEs are friend of the daily passengers and no TTE has any capacity to control or to seal all the slippers class coach from Sealdah and to allow only to reserved ticket holdersto enter and they do not look after availability of the slipper seats by the passengers and that is the position of the daily journey of confirmed ticket holders in HateyBazarey Express.  Fact remains in this case a cassette was produced by the complainant wherefrom it is found that what is the daily picture of the HateyBazarey Express and op has not denied the fact.

          In the light of the above observation we are convinced to hold that Railway Authority and particularly TTE allowed up to Bandel daily passengers daily in the reserved compartment even today and TTE is unable to check the entry of unauthorisied persons in slipper coach at night is no doubt a deficiency of service and it is deficiency of service on the part of the Railway Authority also and in this case the entire fact is no doubt proved beyond any manner of doubt for which this complainant is entitled to compensation for harassment caused by the TTEs and also TTEs failed to check the entry of unauthorized passengers in the coach at night in the said train and fact remains if they are patient passengers in the said train they must have to suffer from different type of ailment because the daily passengers smoke standing on the doors or by the side of the latrine etc.  But TTE is also sometime partners with such daily passengers as friends and such friends of TTE like this TTEs are not in a mood to look after the confirmed ticket holders but they gossip with the daily passengers and for their such sort of callous checking method and control at night the passengers have been suffering and they are being deprived to get proper service from the TTE and it is the habit of the TTE in almost all the trains which are proceeding towards North Bengal either from Sealdah or from Howrah.

          Authority has failed to check the entry of the unauthorisied passengers in coach at night trains by the TTEs is a deficiency of service no doubt and in support of that we are referring one ruling reported in 2013 (3) CPR 337 (NC).

          In the result the complaint succeeds and considering the present conduct of the ops we are confirmed that Railway Authority has no desire to give proper service to the confirmed ticket passengers and for which compensation should be awarded to check the continuous negligent administration of the Railway for which the passengers confirmed ticket holder are being deprived to get such service even after higher payment of reservation charge etc.

          Thus the complaint succeeds.

          Hence, it is

ORDERED

          That the complaint be and the same is allowed on contest with cost of Rs.10,000/- against the op.

          Op is hereby directed to pay a sum of Rs.50,000/- to the complainant as compensation for causing harassment and for not rendering proper service to the complainant and her mother (now deceased) on the day of journey at night on 05.09.2012 though they were confirmed ticket holder of slipper coach No.S-5.

          Op is directed to pay the same within one month from the date of this order failing which for each day’s delay op shall have to pay punitive damages @ Rs.500/- per day and if it is collected in that case it shall be deposited to State Consumer Welfare Fund.

          Op is directed to comply the order very strictly and pay the compensation amount of Rs.50,000/- and cost of the case Rs.10,000/- i.e. total Rs.60,000/- to the complainant within one month and also a punitive damages if any after one month to the State Consumer Welfare Fund of this Forum failing which for disobeyance of Forum’s order the penal action shall be started against the Railway Authority for which Railway Authority shall be liable.