Kerala

StateCommission

A/16/241

SHANTHA - Complainant(s)

Versus

GENERAL MANAGER SOUTHERN RAILWAYS - Opp.Party(s)

PARTY IN PERSON

18 Jan 2017

ORDER

 

 

 

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVANANTHAPURAM

 

APPEAL NO.241/16

JUDGMENT DATED:18.01.2017

PRESENT:

 

HON. JUSTICE SHRI. P.Q.BARKATHALI               -  PRESIDENT

 

        Shanta.J @M.P.Santhakumari,

        D/o. Late. C.K.G.Nair,

       VI/205, “ Shanashree”,                                        -    APPELLANT

        Keralassery, Palakkad,

        Pin-678641.

 

(By Adv: Sri. V.C. Janardhanan)

 

                   Vs.

 

1.   The General Manager,

      Southern Railway, Chennai-670 001.

 

2.   The Chairman & Managing Director,

      Indian Railways Catering & Tourism Corporation,

      New Delhi-110 001.

(By Adv for R2: Sri. Mulamoottil S. Abdul Salim)

 

3.  The Divisional Railway Manager,

     Palakkad Division, Southern Railway,                   -     RESPONDENTS

     Palakkad- 678 002.

 

4.  P.S.Narayanan Kutty, TTI/SL/SRR,

     C/o. Divisional Railway Manager,

     Palakkad Division, Palakkad-678 002.

 

 

5.  C.Shaji, TTI/SL/SRR,

    C/o. Divisional Railway Manager,

    Palakkad Division, Palakkad-678 002.

 

(By Adv for R1, 3, 4 & 5 : Sri. S. Renganathan)

 

 

JUDGMENT

JUSTICE SHRI. P.Q. BARKATH ALI : PRESIDENT

 

This is an appeal filed by the opposite parties in CC/147/2017 on the file of Consumer Disputes Redressal Forum, Palakkad under section 15 of Consumer Protection Act challenging the order of the Forum dated on December 01,2015 directing the opposite parties to refund  Rs.390/- being the ticket fare along with the compensation of Rs.3000/-.

2.       The case of the complainant as testified by him as PW1 before the Forum and as detailed in the complaint in brief is this:

The complainant booked Two AC-3A tickets on 27/10/2013 for her proposed journey on 22/11/2013 by ERS-PUNE Express Train No. 22149, through internet by availing the service of 2^nd opposite party ‘IRCTC’. The tickets were booked to go to Margao (Goa). The said tickets were not confirmed till the departure of the train. Therefore she along with her husband purchased general tickets from the counter and boarded into the 3rd AC coach and then moved to sleeper coach. She was under the belief that the tickets will be converted to sleeper or AC reserve tickets by paying the difference of the fare to the TTE. But the TTE did not allow them to travel in those coaches and threatened them to evict by using force. Therefore she and her husband forced to travel in the general compartment which is 10 coaches away from the sleeper coaches which has caused much inconvenience to them.  Therefore complainant filed the complaint claiming a compensation of Rs.1,40,390/-

3.       The 1^st opposite party is General Manager, Southern Railway, Chennai. The 2^nd opposite party is Chairman and Managing Director, Indian Railways Catering and Tourism Corporation, New Delhi. The 3^rd opposite party is Divisional Railway Manager, Palakkad Division. The 4^th opposite party is P.S.Narayanan Kutty, TTI/SL/SRR, Palakkad Division. The 5^th opposite party is Shaji, TTI/SL/SRR, Palakkad division. They in their version contented before the forum thus:  It is true that complainant booked the E-Ticket as alleged in the complaint. But their tickets were not confirmed. As per the rules if the birth is not confirmed the passenger has got the right to apply online for the refund of the ticket. It has to be done either before the departure of train or after. The refund amount will be transferred to the bank account for the passenger. Even if the passenger does not claim for refund the central office will refund the amount as soon as on the basis of data is received at central office which will be done within 48 hours. In this case the amount was refunded on 26/11/2013. The complainant and her husband admittedly purchased ordinary tickets and boarded to the train in the reserved coach which was unauthorized. The opposite parties 4 & 5 asked them to travel in general compartment. Opposite parties 4 &5 did not behave rudely towards complainant. Therefore the complaint has to be dismissed.

4.       On the side of the complainant she was examined as PW1 and Ext. A1 to A8 were marked. On the side of the opposite parties DW1 & 2 was examined Ext.B1 & B2 were marked before the Forum. On an appreciation of evidence the Forum found that there is deficiency of service on the part of the opposite party and directed them to refund Rs.390/- being the ticket fare along with a compensation of Rs.3000/-. The complainant has come up in appeal contending that the compensation awarded is inadequate.

5.       Heard both counsels. 

The only question which arises for consideration is: whether the compensation awarded by the forum is inadequate?

The opposite parties have not filed any appeal challenging finding of the Forum that there is deficiency in service on their part. Therefore the only question to be decided is whether adequate compensation has been awarded by the forum. DW1 & 2 the TTE admitted that they allow the passengers who hold sleeper tickets to travel in the reserve coach if the vacancy is available which they do not do. The only inconvenience caused to the complainant and her husband is they were compelled to travel in the general compartment.  Therefore I feel that the compensation awarded by the forum of Rs. 3000/- (Rupees Three Thousand Only) is reasonable.

6.       This is another aspects in the case.  Forum did not award any cost to the complainant.  Taking into account the fact that complainant was forced to file the complaint, I feel that a cost of Rs.3000/- ( Rupees Three Thousand Only) would be reasonable.

In the result Appeal is allowed in part. In addition to the compensation awarded by the forum and refund of the ticket fare, the opposite parties are directed to pay a cost of Rs.3000/- ( Rupees Three Thousand Only ) to the complainant.

 

 

JUSTICE.P.Q.BARKATHALI: PRESIDENT

 

 

VL.