BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

FORUM, VELLORE DISTRICT AT VELLORE.

PRESENT:   THIRU. A. SAMPATH, B.A., B.L.,           PRESIDENT 

                                               Tmt. G. MALARVIZHI, B.E.              MEMBER – I

                                           THIRU. K. DHAYALAMURTHI,B.SC.           MEMBER – II

CC. 19 / 2006

                                       TUESDAY THE 19^TH DAY OF OCTOBER  2010.

Mythily,

W/o. N. Sampath,

No.43, Pariadhana Subbaraya Mudili Street,

Velapadi,

Vellore -1.                                                                                   …  Complainant.

       - Vs –

1. The General Manager,

     Southern Railway,  

     Chennai.

2. The General Manager,

     Northern Railway,

     New Delhi.                                                              … Opposite parties.

. . . .

              This petition coming on for final hearing before us on 6.1.2010, in the presence of Thiru. M. Kuppaiah, Advocate for the complainant and Thiru. C.G.Sridhar, Advocate for the opposite parties 1 & 2,  and having stood over for consideration till this day, the Forum made the following:

O R D E R

            Pronounced by Thiru. A. Sampath, President of the District Consumer Disputes Redressal Forum, Vellore District.

1.         The brief facts of the case of the complainant is as follows:

            The complainant’s husband Mr.N.Sampath has been working as a Junior Telecom Officer in BSNL Vellore T.N. on 25.5.2005 at about 2.33 A.M. the complainant, her husband and their children started for North India tour from Katpadi Railway Station in Kerala Jammu,  Tawi Express, in AC coach (Ticket NO.98673694 – PNR NO. – 413- 764511).  In the course of their journey the complainant and their family members reached Mathura and visited the Pilgrim places on 26.5.2005 and 27.5.2005.  Subsequently  they traveled in a local train from Mathura to New Delhi and stayed one night at New Delhi.  On 29.5.2005 the complainant and their family members continued their travel in the sleeper class of Jheelam Express from New Delhi to Jammu Tawi due to non-availability of AC class reservation and this ticket was booked at Vellore Railway booking centre (PNR NO. – 835 – 9258011).  The complainant and her family members put to shock when unreserved passengers entered the reserved coach and occupied even the path way with huge luggages.  But railway officials did not care to prevent the unauthorized passenger who occupied the path way and caused obstruction even to move to the toilets.  The complainant and their family members put to untold hardship, harassment and physical discomfort because some passengers sat in the sleeper benches and used to talk and caused obstruction even to go to the toilets. 

2.         On 30.5.2005 at about 0030 A.M. all of a sudden the unreserved and unknown passengers snatched away the complainant’s thali (Mangalsutra).  Immediately the complainant shouted and her husband reported the matter to the RPF Police officers and made a complaint.  But they did not care the situations and did not take any action to enquire the matter and they did not take any responsibility.   The complainant gave a written complaint to the RPF Police at Ambala Railway Station.  But they did not give any acknowledgement for the receipt of the complaint.  But they simply directed the complainant that the acknowledgement may be given at Jammu Tawi RPF Police Stations.  The complainant believed their words and continue their travel.  The complainant and her family members put to shock and mental agony, as the RPF Police did not take any action.  The complainant immediately after reaching Jammu along with her family members, met the S.I of Police RPF and told him about the chain snatching by the two unreserved passengers who occupied in their coach, but the S.I of  Police refused to register  the complaint, stating that they have no jurisdiction to entertain the case as it was happened in New Delhi Division.  Hence the complainant sent a Telegram to the Station Superintendent North Railway Station, New Delhi.  But till now they did not take any action with regard to complaint given by the complainant.   The complainant and her family members was put to shock, dismay, harassment and mental agony due to the irresponsible altitude of RPF Police and Railway authorities in permitting the unreserved passengers in the pathway of reserved coach and neglect to enquire the passengers and negligence to register the complaint given by the complainant which amount to deficiency in service.  The complainant and her family members also sustained heavy financial loss and put to hardship due to the irresponsible altitude if the Railway authorities for which the opposite parties are liable to pay compensation to the complainant for their deficiency in service.  The “Thali (Mangalsultra) which was stolen by the unreserved passengers cost more than Rs.20,000/-.  Hence the complainant sent a legal notice dt.17.10.05 to the  opposite parties  narrating all the facts and claimed compensation for their negligent altitude which resulted in deficiency of service.  The opposite parties received the notice and sent a reply stating that they sent the matter for enquiry.    Therefore, directing the opposite parties    to award cost of the Thali Rs.20,000/- and damages of Rs.5,00,000/- for the hardship harassment, and mental agony sustained by the complainant and award cost.  Hence the complaint.

3.         The averments in the counter filed by the  opposite parties  is as follows:

            The opposite parties does not admit any one of the allegations made in the complaint filed by the complainant save those that are specifically admitted herein and the complainant put to strict proof of them.   Any claim of compensation for loss, destruction, damages, deterioration or non delivery of animals or good entrusted to a Railway Administration for carriage by Railway is covered only under section 13 (1) (a) (i) of the Railway Claims Tribunal Act 1987.  Hence, this Forum has no jurisdiction to entertain this complaint and on this short ground alone the complaint may be dismissed.  The opposite parties denying the allegation  that the complainant has gave a written complaint to the RPF Police at Ambala Railway Station on 30.5.2005.  As per the records verified in the  Ambala Railway Station no passenger has given any complaint of snatching of Mangal Sutra to RPF staff at the time of checking of Train No.1077 up at Ambala Railway Station and to the RPF Escorting party escorted the said train from Ambala to Jammu on 30.5.2005. 

4.         The complainant has directed that the acknowledgement may be given at Jammu Tawi RPF Police Station are false.  If no complaint has been registered the concern police authorities have no legally liable to give the acknowledgment.  Further it is submitted that the allegation made by the complainant after having reached the Jammu Railway Station along with her family members they met the S.I. of Police, RPF and told the chain snatching by the two unreserved passengers those who were occupied in their coach and on the other hand the concern police officer refused to register the complaint is false.   The allegation made by the complainant that she sent a Telegram to the Station Superintendent of North Railway Station, New Delhi and for the same they did not take any action with regarding her complaint is utterly false.   The RPF Police and Railway authorities refused to register the complainant’s complaint and enquired the same due to their negligence and which amount to deficiency of service is false and baseless.  Hence the complainant sustained heavy financial loss due to irresponsible of the Railway Authorities for which this opposite party is liable to pay the compensation to the complainant for the deficiency of service is utterly false and baseless and the same could not be restrained by this Hon’ble Forum.   Hence, this complaint is liable to be dismissed with cost and pass such other suitable orders.

5.         Now the points for consideration are:

a)  Whether this Forum has got NO jurisdiction to try this complaint?

b)   Whether there is any deficiency in service, on 

                 the part of the opposite parties?

            c)  Whether the complainant is entitled to the

                reliefs asked for?.

6.         Ex.A1 to Ex.9 were marked on the side of the complainant and no documents  were marked on the side of the opposite parties.   Proof affidavit of the complainant and Proof affidavit of the opposite parties have been filed.  No oral evidence let in by either side. 

7.                  POINT NO. (a):

According to the complainant, when he and their family members traveled in Jeelam Express in the sleeper class from New Delhi to Jammu Tawi on 29.5.05, the unreserved passengers entred the reserved coach and occupied even the path way with huge luggages.  But the Railway Officials did not care to prevent the unauthorized passenger who occupied the path.  Further on 30.5.05 at about 00.30 a.m  the unreserved and unknown passengers snatched away the complainant’s thali.  Immediately her husband reported the matter to the RPF Police officers but they did not take any action and again the complainant gave a written complaint to the RPF Police at Ambala Railway Station, but they did not give any acknowledgement for  the receipt of the complaint.   The complainant immediately after reaching Jammu along with her family members met the S.I of Police RPF and told him about the claim snatching by the two unreserved passengers who occupied in their coach, but the SI of Police refused to register the complaint, stating that they have no jurisdiction to entertain the case as it was happed in New Delhi Division.  Hence the complainant sent a telegram to the Station Superintendent North Railway Station, New Delhi.  The complainant and her family members sustained heavy financial loss and put to hardship due to the irresponsible attitude of the Railway Authorities for which the opposite parties are liable to pay compensation to the complainant for their deficiency in service. 

 8.        According to the opposite parties that any claim of compensation for loss, destruction, damages, deterioration or non delivery of animals or goods entrusted to a Railway Administration for carriage by Railway is covered only under section 13 (1) (a) (i) of the Railway Claims Tribunal Act 1987.  and u/s 124 A of the Indian Railways Act and as such, the above claim to have been made before the Railway Claims Tribunal, and this Forum has no jurisdiction to try this complaint. Further the unauthorized passengers are not allowed to travel in trains as well as reserved coach and only valid ticket holders are allowed to travel in the train as per the Rules and Regulations.   Hence the complainant’s allegation that the unauthorized person occupied in the reserved coach and snatched the mangal sutra in utterly false.    Neither the alleged article was booked with the Railway nor its custody was given to any official Railway during the journey the said complainant is not entitle for any compensation.    Therefore the complainant sustained heavy financial loss due to irresponsible of the Railway Authorities for which the opposite party is liable to pay the compensation to the complainant for the deficiency of service is utterly false and baseless.

9.         From the perusal of Ex.A1 ticket PNR No.835-9258011 from New Delhi to Jammu Jawi it is seen that on 29.5.05 the complainant and their family members were traveled to Jammu Jawi.  From the perusal of Ex.A2 dt. 11.7.05 copy of telegram sent by the complainant’s husband to the Station Superintend North Railway, New Delhi it is stated that he came by Jeelam Express on 29.5.05 PNR.No.835-9258011 to Jammu, his wife’s Mangal Gold Chain Snatched at Panipat Station, the necessary action may be taken.  The complainant sent a letter Ex.A5, dt. 11.8.05 to National Commission for Women regarding the gold Mangal Suthra Chain snatched, Thereafter the complainant’s Advocate sent a legal notice Ex.A6, dt. 17.10.05 General Managers, Southern and Northern Railway New Delhi called upon to pay Mangal Sutra Value of Rs.20,000/- and pay damages of Rs.5,00,000/- towards the mental agony and heavy loss of the complainant and their family members.  After receiving the said notice the officers of the Southern and Northern Railway have sent a reply letters Ex.A7, dt. 8.11.05, Ex.A9, dt. 17.10.05 stated that the complainant forwarded to the concerned Department from which necessary action will be initiated and the reply will be directly communicated.

10.       The complainant herein claimed a sum of a sum of Rs.20,000/- towards cost of the Tali and damages for Rs.5,00,000/- as compensation for hardships, mental agony and financial loss sustained by the complainant.   According to the opposite parties  when this claim is for compensation for loss and damages to the passengers is governed u/s. 124 A of Indian Railway Act, for such claims, and in that case, this Forum has got no jurisdiction to entertain this claim.  When this complaint has been filed by the complainant for compensation due to loss sustained by her while travelling on train, if at all, he has got any claim anything against Railway as compensation, it is for complainant to approach the Railway Tribunal alone u/s. 124 A of Indian Railway Act 1989  for such claims, and in that case, this Forum has got no jurisdiction to entertain this claim. 

8.         Hence, in view of the above said circumstances, we have come to the conclusion, that this Forum has got no jurisdiction to try this case, hence, we answer this point (a) , as against the complainant.

9.         Point No. (b) & (c ):-

            In view of our findings on point No.(a) since this Forum has got no jurisdiction to try this case, we have come to the conclusion that the complainant is not at all entitled to any relief asked by her in this complaint.  Hence, we answer this point No (b) & (c ) also as against the complainant herein.

10.       In the result, this complaint is dismissed.  No costs.

Dictated to the Steno-typist and transcribed by her, corrected and pronounced by the President, in Open Forum, this the 19^th  day of October 2010.

MEMBER-I                               MEMBER-II                                         PRESIDENT.

 Documents:

Complainant’s Exhibits:

Ex.A1- 31.12.97        -    Legal Notice. 

Ex.A2- 17.6.97          -    X-copy of hand physical Assessment.

Ex.A3-            --          -    X-copy of CMC Progress Record.

Ex.A4- 19.4.05          -    X-copy of Disability Certificate.

Ex.A5-            --          -    X-copy of Discharge summary.

Ex.A6 -           ..          -    X-copy of Shot history of the patient.

Ex.A7- 19.4.05          -    Disability Certificate.

Opposite party’s Exhibits:

Ex.B1 -  28.12.97      - X-copy of the Notice received from the advocate for the

                                  Complainant.

Ex.B2  - 14.2.98        - X-copy of the Notice issued by advocate for the opp party to

                                   The advocate for the complainant.

Ex.B3 – 23.1.99        - X-copy of the Notice received from the advocate for the

                                  Complainant.

Ex.B4 – 2.6.99          - X-copy of the Reply notice issued by advocate for the opp party

                                   To the advocate for the complainant.

Ex.B5 – 25.2.98        - X-copy of the Report Addressed to inspector of police, Vellore

                                  North crime.

Ex.B6 27.2.98           - X-copy of the Ack. No.34, with S.No.5/98 issued by the Police.

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