BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Dated this the 27^th day of April 2016

Filed on : 23-06-2015

PRESENT:

Shri. Cherian K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. Beena Kumari V.K. Member.

CC.No.401/2015

Between

Unnikrishnan, : Complainant

S.K. Building, M.G. Nagar, (By Adv. K.P. Abdul Rassak,

Kilikolloor, Kollam. M/s. Sanjay& Parvathi,

'Neeti',

CC 43/375 K, Paul Abrao

Road,Kochi-682 018)

And

1. General Manager, : Opposite parties

Southern Railway,

Thiruvananthapuram. (O.P.s 1,2,3 and 5 absent)

2. Station Manager,

Railway Station, Kollam.

3. Sub Inspector, Railway Police,

Shornur.

4. The Station Manager,

Ernakulam North Railway Station,

Ernakulam.

5. Sub Inspector,

Railway Police Station.

(O.P. 4&5 are impleaded as per order

in I.A. No. 376/2015 dated 23-07-2015 )

O R D E R

Sheen Jose, Member

The case of the complainant is as follows:

2. On 27-07-2014, the complainant had reserved two tickets of the 2^nd opposite party for travelling from Kollam to Ahamedabad on 08-09-2014, on the same day the complainant and his wife started their journey in train No. 16334. While on travelling the complainants belongings and Rs. 55,000/- were stolen by somebody. To intimate this incidents and lodging complaint, there was no TTE or police in the reserved compartment. The complainant continuously enquired to get the service of TTE and police in some other coaches also. But all the efforts of the complainant was not succeeded. At last, when the train reached at Shornur
Station the complainant filed a complaint before the 3rd opposite party. All the amounts in the hands of the complainant was stolen from the train and in this circumstances the complainant and his wife was forced to stop the travel at Shornur station. The complainant doing spare parts business and he could not reach on specified date at Ahemedabad, hence the complainant suffered heavy loss due to the cancellation of his journey. The opposite parties had not arranged any measures to prevent entry of unauthorized passengers to the reserved compartments or not arranged any security measures to travel the reserved passengers fearlessly in the reserved coaches. There was negligence on the part of the opposite parties. As a consumer the opposite parties had not provided any facilities for peaceful travel of the complainant. The loss suffered by the complainant was due to the negligence on the part of the opposite parties and it amounted to deficiency in service also. Thus the complainant is before us seeking direction against opposite parties to pay compensation of Rs. 95,712/- to the complainant by way of ticket charges, loss of money, loss of other valuable articles, loss of business and damages for pain and mental agony suffered by him.

2. Version filed by the 3^rd opposite party is as follows:

The complainant and his wife travelled by Veravel Express (Train No. 16334) dated on 08-09-2014. The complainant and his wife boarded at Kollam Railway station and coach No. S6 and seat No. 71 (RAC) was allotted. The above train reached at Shornur Station on 09-09-2014 early morning at 4’O clock. The complainant had filed a complaint before the 3^rd opposite party stating that his belongings and Rs. 54,000/- were stolen by someone from the reserved coach in which he was traveling, in between Ernakulam and Aluva. Suddenly, the police officers reached at the Railway Station, but the train had gone. The complainant stated in his complaint that the incident happened in between Ernakulam to Alwaye, hence the complaint was transferred to the Ernakulam Railway police station for further enquiry. There is no willful laches or negligence on the part of the 3^rd opposite party.

3. The complainant originally filed this complaint before the Hon’ble Consumer Disputes Redressal Forum, Kollam which was returned to the complainant by order dated 29-05-2015 in I.A. No. 1/2015 in CC 183/2014 stating that the alleged offense of the theft occurred at a place between Ernakulam to Aluwaye. Hence the CDRF, Kollam has no territorial jurisdiction to entertain the matter and returned the complaint to present it before the Consumer Forum which is having territorial jurisdiction in the matter. The complainant resubmitted the complaint before this Forum on 23-06-2015.

4. Despite service of notice from this Forum, only the 3^rd opposite party appeared and filed their version. Opposite parties 1, 2, 4 and 5 opted not to contest the matter for their own reasons. The proof affidavit has been filed by the complainant. Exbt. A1 to A3 were marked on his side. No oral or documentary evidence filed by the opposite parties. Heard the counsel for the complainant.

5.Issues came up for consideration are as follows:

1. Whether there is any proved deficiency in service on the part of the opposite parties?

2. Whether the opposite parties are liable to pay Rs. 54,000/- to the complainant stolen by someone from the reserved coach in which he was traveling?

3. Whether the opposite parties are liable to pay compensation and costs of Rs. 95,712/- as prayed by the complainants?

6. Issue Nos. i.& ii. Exbt. A1 goes to show that the complainant, he had booked 2 tickets by online on 27-08-2014 for himself and his wife to travel Ahamedabad on 08-09-2014 by Veravel Express train No. 16334 from Kollam Railway Station. As per Exbt. A2 the complainant had booked return tickets from Ahmedabad to Kollam, on 12-09-2014. Exbt. A3 acknowledgment receipt issued by Shornur Railway Police Station goes to show that the complainant had filed a complaint before the Railway Police Station at 7.53 a.m. on 09-09-2014 alleging loss of bag containing his belongings Rs. 54,000/-, ID. Card, Bank Pass book while traveling on the train No. 16334 between Ernakulam to Alwaye.

7. According to the complainant there was neither TTE in the reserved coach to check the non reserved travellers nor any police to prevent unauthorized passengers in the reserved coach in that train. We noted that complainant’s belongings and Rs. 54,000/- were stolen from the reserved coach. The complainant had tried to intimate the same to the TTE or Railway Police, but all the efforts of the complainant was in vain. The incident happened in between Ernakaulam to Alwaye. Even if it is a reserved coach there was no service of TTE or Railway police. At last, when the train reached at Shornur station the complainant cancelled his journey and filed a complaint before the 3^rd opposite party. In the above case, there was serious deficiency in service happened on the part of the opposite parties 1, 2 and 4. An ordinary person give more money for reserving his ticket expecting his journey will be secure and comfortable. Unfortunately, the opposite party did not take any safety measures for the peaceful journey of the complainant. A peaceful and comfortable journey is one of the the major responsibilities cast upon the TTE in addition to ensure that the passengers are travelling with proper tickets. The opposite parties 1,2 and 4 miserably failed to take any fruitful steps for the peaceful travel of the passengers. We find that the above omission to provide safety travel is a serious deficiency in service on the part of the opposite parties 1,2 and 4 and unfair trade practice also. The case of the complainant stands unchallenged by the opposite parties except 3^rd opposite party, even after accepting the notices from this Forum. So, we have no reason to disbelieve the sworn proof affidavit of the complainant and evidence produced by him. Hence we are of the opinion that the case of the complainant is to be allowed. Hence allowed and we find that the opposite parties 1,2 and 4 are liable to compensate the loss and damages caused to the complainant which travelling in the train run by the opposite parties.

8. Issue No. 3. Having found issue Nos. 1 and 2 in favour of the complainant, we direct that the opposite parties 1,2 and 4 are liable to pay Rs. 54,000/- which was lost while on his journey on the above said train due to the omission on the part of the opposite parties 1,2 and 4 to provide peaceful and comfortable journey. They are also liable to pay Rs. 16,000/- as compensation and Rs. 5,000/- for the mental agony and conveniences suffered by the complainant and to pay Rs. 5,000/- towards costs of the proceedings to the complainant.

9. In the result, we partly allow the complaint as follows:

1. The opposite parties 1,2 and 4 shall pay an amount of Rs. 54,000/- to the complainant jointly and severally, to compensate the loss occurred to him during his travel on the train run by the opposite parties.

2. The opposite parties 1,2 and 4 are also liable to pay an amount of Rs. 16,000/- towards compensation to the complainant jointly and severally for the mental agony and loss suffered by him due to the negligence on the part of the opposite parties.

3. The opposite parties 1,2and 4 shall also jointly and severally pay Rs. 5,000/- towards costs of the proceedings to the complainant .

The above said order shall be complied with, within a period of one month from the date of receipt of a copy of this order

Pronounced in the open Forum on this the 27^th day of April 2016

Sd/-

Sheen Jose, Member.

Sd/-

Cherian K. Kuriakose, President.

Sd/-

Beena Kumari V.K., Member.

Forwarded/By Order,

Senior Superintendent

APPENDIX

Complainant's Exhibits

Exbt. A1 : Copy of Electronic Reservation slip(Personal User)

A2 : Copy of Electronic Reservation slip (Personal User)

A3 : Copy of acknowledgment receipt of petition

Opposite party's Exhibits:

Exbt. : Nil

Copy of order despatched:

By Post: By Hand: