By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to pay cost and compensation due to the difficulty caused due to non providing the booked seat in the train.
2. Brief of the complaint:- The complainant had booked railway ticket through internet from the house of the complainant and took print out of the ticket on 09.06.2015 for traveling from Kozhikode to Kottayam on 15.06.2015 for the purpose of admission of his son Thimothi. The complainant had paid a total ticket charge of Rs.232/-. The seat reserved was in D2 compartment seat number allotted was 82 and 83 in Parasuram Express bearing the train No.16649. When the complainant entered in the compartment, it was seen that some other passengers are sitting on the seats reserved by the complainant and they refused to give seat to complainant and only when the train reached at Parappangadi, the complainant and son got seat. The complainant and son have to adjust the seat with 2 other passengers on the seat for 3 passengers. There was no railway officer to look into the matter. The complainant is having severe back pain and that is why he decided to reserve the seat by advance booking and paid more amounts for a comfortable journey. When the train reached at Kottayam. The complainant made complaint about his grievance to the T.TE. and other officials who was there in A/c compartment. They told that it is not possible for them to come each and every compartment to verify the reserved seat and the passenger has to adjust or they need not travel in the train and the railway can exist without the income from such passengers. The overcrowded journey and non availability of seat caused the back pain of the complainant and it has become severe and he has to do Ayurvedic treatment. The experience in the journey caused great pain and mental agony to the complainant and his son. The service of the opposite party is defective, for which they liable to compensate the complaint. Even though the loss suffered is more, complainant is limiting his claim to Rs.1,00,000/-. The opposite party is liable to pay the cost of the complainant. Hence prays before the Forum to pass an order directing the opposite party to pay a sum of Rs.1,00,000/-as compensation to the complainant and to pay the cost of the proceedings.
3. Notice were served to opposite parties and opposite parties appeared and filed version stating that these Opposite Parties are admitting the fact that the complainant and his son were traveled to Kottayam from Kozhikode on 15.06.2015 with two reserved seats in D.2 compartment of Train No.16649 (Parasuram Express). Except theses the Opposite Parties denying all further averments contained in the complaint as these are stated only with an intention to grab public money by tarnishing the reputation of the Indian Railways. All the other averments contained in the complaint are denied by the Opposite Parties, since these Opposite Parties have no direct knowledge about the health condition of the complainant. It is admitted in the complaint that, the complainant has made his 1st complaint to the concerned TTE only when he reached at his destination by using the seat reserved by him for his traveling. It is quite natural that there will be some rush in the Calicut station when the train comes and halt for 5 minutes. It is a general phenomenon that the passengers reserved to each compartment is forced to board the coaches by neglecting the crowd formed for the time being. Whenever train moves, this crowd will disappear and each passenger will occupy his nominated seats. If any trouble occurs, even after the departure of the train from the next railway station, normally a passenger who could not occupy his seat will meet the concerned TTE and will submit his grievances. In this case the complainant has not made any complaint to the concerned TTE when the train moves from Kozhikode Railway Station or before getting seats from Parapanangadi station. As the complainant performed his journey in his allotted seat up to Kottayam, it is presumed that there was no deficiency in service rendered by the Railways in this case.
4. In the complaint, the complainant has stated that he lodged a complaint about his grievances to the TTE and other officers who seen in A/c coaches. The complainant is put under strict liability to prove the complaint allegedly made to the TTE and the grievances suffered by him during the course of his journey. The allegations made against the TTEs are baseless and it amounts to a derogatory remark against Railway Officials to get sympathy from this Honorable Forum. Here also the complainant is legally entitled to prove the allegation made against the TTE.
5. The complainant has not suffered any mental or physical agony and as such he is not entitled to get even a single rupee as compensation from Railways. The complainant has cooked up a false case by indicting Railways and there by claiming exorbitant amount as compensation for the efficient and relentless service provided to the public at large including the complainant. If this type of complaint is entertained by this Honorable Forum, tomorrow more and more passengers will come out with this type of concocted stories and will claim huge amount as compensation without any basis or legal backing. Hence prayed to dismiss the complaint.
6. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A3 documents were marked. Ext.A1 is the Electronic Reservation slip. Ext.A2 is the Receipt for Rs.2,000/- in it students name is Thimothy Livingston Johny. Ext.A3(1) and A3(2) are the Doctor's prescription dated 17.06.2015 and 21.09.2015. Opposite party has not adduced any oral evidence.
7. On perusal of complaint, version and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and cost.
8. Point No.1:- Anyway the booking of the seats for complainant and his son is admitted by the opposite parties and the question arraying whether the opposite parties has provided the seat to the complainant. From the complaint and his deposition it is stated that he got seat only from Parapanangady that too as shared with other passengers and stated that they did not get the full seat, which he booked. But the opposite parties stated that if the booked passengers do not get seat even after the departure of the train and even from the next railway station, normally a passenger who could not occupy his seat will meet the concerned TTE and will submit his grievances. In this case the complainant has not made any complaint to the concerned TTE. But is pertinent to note that in the case of reserved seats, it is the duty of opposite parties to check all the seats within a reasonable time to confirm whether the reserved passengers occupied these seats or not and if he could not find out the reserved passengers in his seat or nearby, it is his duty to visit again after giving a reasonable time. It should be within the next two station from the boarding point of the passenger and in the second visit also if the reserved passengers were not found in the seat or nearby, the TTE can note in their diary that after too visit the passengers is not present and not occupied these allotted seat. Then the opposite parties can re-allot the seat to other passengers who are there in the waiting list. But in this case the opposite parties has not stated in their version or in the argument note that while the TTE has visited the seat or not stated anything regarding their duty and whether they have provided the seat to the reserved passengers or what was the situation regarding the alleged seats.
9. The allegation that the complainant was suffering from back pain and that is why he used to reserve seat and due to the non availability of the seat he caused more back pain and he had to take Ayurveda Treatment etc is not proved. But any way if a passenger is not provided the reserved seat surely they may cause much difficulty, mental agony, pain, suffering and physical health problems also. Why the passenger reserving the seats after giving more charges even before somany days of journey, they requires comfortable and safe journey and on the faith and believe in the service of opposite parties. Hence the bounden duty of the opposite parties to confirm that whether all the reserved passengers provided their allotted seat or not. The passengers are reserving their seats with utmost faith and believe in the service of opposite parties, otherwise they could have opted other way for their journey. Hence we opine that not visiting the reserved seats individually by the officials of the opposite parties and not guaranteed the reserved seat to the passengers is a clear case of deficiency of service from the side of opposite parties. Hence the Point No.1 is found accordingly.
10. Point No.2:- Since the Point No.1 is found against the opposite parties, they are liable to compensate for the difficulties, pain and suffering caused to the complainant, and complainant is entitled for the same.
In the result, the complaint is partly allowed and the opposite parties are jointly and severally directed to pay Rs.10,000/- (Rupees Ten Thousand) as compensation and Rs.3,000/- (Rupees Three Thousand) as cost of the proceedings to the complainant within one month from the date of receipt of this Order. Failing which the complainant is entitled for an interest at the rate of 15% per anum for the whole sum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 17th day of November 2015.
Date of Filing:30.06.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Johny. K. J. Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Copy of Electronic Reservation Slip.
A2. Hostel Registration Receipt. Dt:25.05.2015.
A3(1). Doctor's Prescription.
A3(2). Doctor's Prescription.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
