West Bengal

Birbhum

CC/76/2022

Sadhan Kr Sen - Complainant(s)

Versus

General Manager,Eastern Railway - Opp.Party(s)

Subrata Mukhapaddhay

18 May 2023

ORDER

Smt. Saswati Saha- Member.

 The complainant has filed this petition of complaint Under Section 35 of the Consumer Protection Act, 2019.

 The fact of this case in brief is that, the complainant Sadhan Kr. Sen, S/O. Lt. Sukumar Sen is a resident of Vill. Lalkuthipara, P.O. and P.S. Suri and Dist. Birbhum within the jurisdiction of this District Commission.

 That the complainant booked a general a reservation ticket with PNR No. 640063257. Train No & Name of the Train 131501-Kanchan Kanya, Quota-General (G.N), Transaction ID 100003311110476, date and time of booking was 02/04/2022, 21:17, Class of travel-Sleeper Class (SL), From SILIGURI JN (SGUJ) TO AHMADPUR JN (AMP) Date of Journey 04/04/2022 Boarding SILIGURI JN (SGUJ), Date of Boarding 04/04/2022, schedule Departure 04/04/2022 19:50 schedule Arrival 05/04/2022 4:23 Booking Status CNF/S4/44/Lower.

 That the complainant brought the General Category Reservation ticket and got on the train from Siliguri and when the complainant come to Ahmedpur from Siliguri (JN) MR. T.T.E checked the ticket which was genuine and bonafide, Mr. T.T.E told to complainant that he had bought the tickets in the quata of senior citizen and Mr. T.T.E. fined the complainant Rs. 505.00/- (Five Hundred Five only) with a receipt without listening any word of the complainant that the TTE told the complainant that he had abused the senior citizenship quota and that is why the T.T.E. insulted, harassed and humanized the complainant among the passengers in the train.

 

That the complainant finding no other alternative come to the Commission for justice.

 That the cause of action of the case arose on and from 04/04/2022 and 05/04/2022.

 Hence, the case is filed by the complainant with a prayer

(i) To pass an order directing the opposite parte to pay Rs. 2,00,000/-( Two lakh only) as compensation.

(ii) Rs. 3,00,000/- (Three lakh only) as harassment cost.

(iii) Any other relief/reliefs as the court think fit and proper.

It appears from the case record that the case has already been run exparte against both the Ops Vide Order No. 05, dated 24/11/2022.

In view of the above stated facts and circumstances following issues are framed.

Issues

1) Is the case maintainable in the eye of law?

2) Has the complainant any cause of action to file this case?

3) Is the complainant a consumer within the ambit of C.P Act 2019?

4) Is there any deficiency of service on the part of the OP?

5) Is the complainant entitled to get the relief as prayed for?

6) To what other relief or reliefs is the complainant entitled to get?

Decision with reason.

All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.

It is the claim of the complainant that he booked a general a reservation ticket with PNR No. 640063257 for the train Kanchan Kanya Express(Train No. 131501) Quota-General (G.N), Transaction ID 100003311110476, date and time of booking 02/04/2022, 21:17, date of journey 04/04/2022 Boarding SILIGURI JN, Booking Status CNF/S4/44/Lower.

When the complainant reached at Ahmedpur Station from Siliguri Jn. by the above mentioned train and above mentioned ticket, the TTE fined him with Rs. 505.00/- (Five hundred five only) the complainant that he had abused the senior citizenship quota.

During the argument from the Aadhaar Card of the complainant it has been proved that during the date of ticket booking the complainant’s age was 58 years but the complainant mentioned his age as 60 years instead of his actual age 58 years for getting confirmed reservation. So, it is clear that the complainant availed the senior-citizenship quota for booking his confirm reservation ticket.

 

It is necessary to mention that complainant knowingly purchased the ticket in senior citizens’ quota. Railway authority informs to all the senior citizens travelers by written in the back side of the ticket as “senior citizens should produce on demand some proof of age during journey.” Therefore railway authority has no deficiency in service in this case.

On the basis of the discussions made above the Commission is of opinion that in the instant case there was a fault on the part of the complainant intentionally during the booking of his confirmed reservation ticket where he mentioned himself as senior-citizen. The age he mentioned is

not matched with his identity proof/ Aadhaar Card and he was fined by the T.T.E. with a receipt of Rs. 505.00/- (Five hundred five only).

In view of the discussion made above this Commission is of opinion that the complainant failed to prove that he had booked the railway reservation ticket in general quota and he violated the rules for railway reservation ticket booking for which he is not entitled to get the compensation as prayed for.

Hence, in the view of the Commission the complainant could not be able to prove his case beyond reasonable doubt in exparte and is not entitled to get any relief as prayed for.

 The case is properly stamped.

 All these issues are thus decided accordingly.

  Hence, it is,

   O R D E R E D,

     that the instant C.C. Case No. 76/2022 be and the same is dismissed on exparte without any cost.

Let a copy of this order be given/handed over to the parties to this case free of cost.