BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, ROHTAK
Complaint Case No. :184
Date of Institution : 30.04.2018
Date of Decision : 02.05.2023.
Digvijay Jakhar aged-37 years S/o Sh. Khushi Ram Jakhar, R/o A-92, Preet Vihar, Rohatk-124001
…………...Complainant.
Versus
- General Manager, Northern Railways, Baroda House, New Delhi.
- Divisional Railway Manager, Indian Railways, DRM Office, Ferozepur.
- Public Relations Office, Northern Railway, NDCR Building, State Entry Road, New Delhi.
- Station Master/Incharge Reservation, Indian Railways, Railway Station, Rohtak-124001(Haryana)
......................Opposite Parties.
COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT.
Before: - SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Complainant in person.
Sh. Hans Raj Vats, Adv. for Opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case, as per the complainant are that he booked return tickets on 24.09.2016 and 24.10.2016 of Indian Railways i.e., the opposite parties in Punjab Mail, Sleeper Class (total amounting to Rs.265+265=530/- and Rs.265+265=530/- with total amounting of Rs.1060/-) from Rohtak Jn. to Gwalior Jn. Dated 07.10.2016, PNR No. 2551199373, Coach No. S5, Seat/Birth No. 57, vide ticket No.70067332 and from Gwalior Jn. to Rohtak dated 07/10/2016, PNR No. 8651432077, Coach No. S10, Seat/Birth No. 10 vide ticket No. 70067333. On 26/10/2016 the complainant again booked return tickets in Punjab Mail, Sleeper class from Rohtak Jn. to Gwalior Jn. vide ticket No. 70064246, PNR No. 2124037186, Coach No. RLWL/56, Seat/Birth No. RLWL/50 and from Gwalior Jn. to Rohtak Jn. vide ticket No. 70064247, PNR No. 8539821405, Coach No. RLWL/14, Seat/Birth No. RLWL/12, & later on seat has been confirmed in Coach No. 1, Seat/Birth No. 8. It is further submitted that complainant had to attend his Ph.D course work classes at Raja Mansingh Tomar Music and Art University, Gwalior(UP) on 07.10.2016 and 26.10.2016 respectively. But the officials of opposite parties knowingly delayed the train for more than 2 hours and therefore the complainant failed to reach there in time on both the occasions. Due to negligence of opposite parties, complainant failed to attend his Ph.D course work classes as whole. The complainant cached the said train on 07.10.2016 and 26.10.2016 respectively and was very much surprised to see the garbage lying under the seats of the train and the toilets/washrooms too were very dirty/unhygienic. The fan allotted for complainant’s seat and charging socket were also not working due to which the complainant was unable to charge his mobile phone. The complainant complained the same to the TC and other railway staff as well as pantry staff and they told the complainant that they would be unable to repair the same. The train coach was stinking badly, water in toilets/washrooms was empty and they were stinking very badly. The complainant also made complaint regarding the outsiders who do not have their seat/birth and complainant told to the respondent’s officials but all in vain and he failed to sort out the issues. As such there is deficiency in service on the part of opposite parties and opposite parties are liable to compensate the complainant. Hence this complaint and it is prayed that opposite parties may kindly be directed to make the payment of Rs.1060/- on account of train reservation tickets and Rs.40/- for excess time parking charges alongwith meal payment of Rs.520/- with interest @ 24% p.a. from the date of journey to till the date of final payment, to pay Rs.80000/- as compensation and damages on account of deficiency in service and Rs.11000/- as litigation charges to the complainant.
2. Notice of the present complaint were issued to the opposite parties. Opposite parties filed their written reply submitting therein that all the allegations made in this complaint are based on the grievance, which have never occurred/happened within the administrative jurisdiction of answering respondent and in jurisdiction of this Hon’ble Forum, hence this District Forum does not have territorial jurisdiction to entertain this complaint. It is further submitted that as alleged, trains are generally do not run late as late-running of trains creates problem to railway system itself. Inspite of best efforts, sometime trains may get late as priority is given to safe-running of trains so no claim is entertainable on this account. It is further submitted that all the allegation like uncleanliness etc. are totally denied as every train is maintained i.e. thoroughly cleaned, technically checked etc. at start of every trip at originating point. Further, trains are cleaned en-route at nominated stations also. Hence there is no issue to file this complaint. No allegations/issues are available in the plaint for which the incharge reservation, Rothak & opposite party No.1 may be held responsible. Hence this is nothing about a case fit to be dismissed ab-initio. It is further submitted that the complainant has travelled as per his booked tickets, so in this case no refund was due. All the other contents of complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.
3. Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex. C1 to Ex.C13 and closed his evidence vide his separate statement dated 12.10.2020. Ld. Counsel for the opposite parties has tendered affidavit Ex. RW1/A, and closed his evidence vide his separate statement dated 11.10.2021.
4. We have heard the learned counsel for both the parties and have gone through the case file minutely and carefully.
5. In the present case the grievance of the complainant is that the train booked by him for 07.10.2016 and 26.10.2016 was late around 2 hours due to which he missed out his Ph.D course work classes. The other allegation is that the proper facilities were not provided in the train and there was no cleanliness in the alleged trains. To prove his case, complainant has placed on record railway tickets Ex.C1 and Ex.C3, reservation sheets Ex.C1 & Ex.C4. Complainant has also placed on record photocopy of photographs Ex.C6 and Ex.C7, copies of emails Ex.C8 & Ex.C9. We have perused the documents placed on record by the complainant. Regarding the late arrival of trains by two hours, opposite parties have replied that sometime trains may get late as priority is given to safe-running of trains. As such complainant is not liable for any compensation on this ground. Regarding the other allegation that there was no cleanliness in the train, we have perused the photographs Ex.C6 and Ex.C7, which shows that some garbage(water bottle, disposable glass etc.) is littered here and there in the coach and on the platform. In this regard it is observed that the opposite parties charge a huge fair from the customers which includes travel charges as well as charges for other basic facilities e.g. water, washrooms and light and cleanliness etc. Hence it is the duty of opposite parties to keep the train hygienic and to provide better facilities to their passengers. But as per the documents placed on record no such facilities were provided to the complainant, due to which the complainant could not enjoy his journey and he might have suffered mental agony and harassment. As such there is deficiency in service on the part of opposite party No.1 to 3 and they are liable to compensate the complainant. Opposite party No.4 only issued reservation tickets and as such there is no deficiency in service on the part of opposite party no.4. However, complainant is not entitled for refund of ticket amount as he has travelled the journey to and fro.
5. In view of the fact and circumstances of the case we hereby allow the complaint and direct the opposite party No.1 to 3 to pay Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service as well as litigation expenses to the complainant. Order shall be complied within one month from the date of decision.
6. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
02.05.2023.
……………………………......
Nagender Singh, President
..............................................
Tripti Pannu, Member.
……………………………......
Vijender Singh, President
