THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.408/2012
Dated this the 29th day of April 2014.
( Present: Sri. G. Yadunadhan, B.A., LLB. : President)
Sri. L. Jyothikumar, B.A., LLB. : Member
Smt.Beena Joseph, M.A : Member
ORDER
By L.Jyothikumar, Member:
The petition is filed by the petitioner to allow to travel in the first class coach of Chennai Mangloor mail, between Calicut and Kannur with the valid first class season ticket and to issue super fast first class ticket at the time of renewal and to pay a compensation of Rs.50,000/- for the mental agony pain inconvenience physical strain and other losses due to the resistance from the T.T.E.
According to the complainant she was denied the right to travel in the first Class coach of Chennai Mangloor Mail from 23.02.2012, even though she was holding a valid first class season ticket. It was informed that first class season ticket holders in Palakkad Division can travel only in where first class unreserved coaches are running. According to the complainant this denial is irresponsible attitude of the Railway authorities. The complainant is alleging deficiency in service on the part of opposite parties. Hence the petition is filed against the opposite parties seeking for the above relief.
Opposite parties 1 to 4 filed joint version denying the allegation in the complaint. It is filed against opposite parties ignoring an order issued by the Palakkad Division in partly with other Railway division had issued an order No.J/C.565 UTS/P/Vol-1 dtd.17.10.2011 stating that first class season ticket holders in the Palakkad Division can travel by those trains where is first class unreserved coaches are running. This order was issued in accordance with the Judgment delivered by the Hon’ble High Court from time to time. It is commonly printed on the reverse of the season ticket. As per the guidelines in force for the time being the TTE is duty bound to protect the interest of reserved passengers by preventing illegal entry of season ticket holders in to the reserved coaches. More over opposite parties submitted that the railway first class season ticket passengers Association, Kozhikode has approached the High Court of Kerala and filed W.P.C. No.5711 of 2012(1) for quashing the order dated 17.10.2011 and to allow the first class season ticket holders to travel in reserved AC/first class coaches without any interruption. The Hon’ble High Court vide its order dated 19.12.12 has categorically held that there is no irregularity in the prescription of the order dated 17.10.2011 and the prescription that the season ticket holders can travel only in those sections where first class unreserved coaches are running is not at all arbitrary or illegal or ultravires to the constitution. The association went on appeal before the Hon’ble High Court and as per the order passed by the Hon’ble Division bench in WA No.286 of 2013, the finding of the single bench was upheld and dismissed the appeal stating that the appellants are at liberty to approach the Railways for such benefit as it is a matter of policy decision of Railways. Under the above circumstances opposite parties prays to dismiss the petition with costs to opposite parties.
The only point for consideration is whether the complainant is entitled for any relief?
On 07.06.2013 opposite parties filed version. After that the complainant neither appeared nor filed affidavit. Oral evidence or documentary evidence was not adduced by opposite parties.
The complainants case is that she was denied the right to travel in the first class coach of Chennai Mangalore Mail from 23.02.2012. Even though she was holding a valid first Class season ticket . This is caused her loss and mental agony. The contention of opposite parties are that they are acting according to an order issued by the Palakkad Division No.J/C.565 UTS/P/Vol.1 dated 17.10.2011.
Complainant is continuously absent for the last 8 consecutive postings. On perusal of complaint itself speaks complainant has no other evidence to prove her case. No evidence adduced for strengthening her complaint. She is continuously absent and not adduced any evidence to prove her case. More over this is a matter of policy decision of Railways.
Hence we are of the opinion that there is no scope for entertaining the present complaint. The complaint in hand stands to be dismissed with no order as to costs.
Pronounced in the open court this the 29th day of April 2014.
Date of filing:24.08.2012.
SD/-PRESIDENT SD/-MEMBER SD/-MEMBER
//True copy//
Forwarded/By Order)
SENIOR SUPERINTENDENT
