IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 30th day of July, 2012
Filed on 11.04.2012
Present
- Sri. K. Anirudhan (Member) (President-in-charge)
- Smt. N. Shajitha Beevi (Member)
in
C.C.No.125/2012
between
Complainant:- Opposite Parties:-
Sri. Mahesh Mohan 1. The General Manager
Padiyilethu House Southern Railway, Head Quarters
Erezha South Chennai – 600 003
Chettikulangara P.O.
Mavelikara – 690 106 2. The Divisional Manager
Southern Railway, Thycaud
Thiruvananthapuram
3. The Station Master, Railway
Station, Kayamkulam
4. The Station Manager, Railway
Station, Kayamkulam
(By Advocates: P.S.Geethakumari
& G.Premlal – for opposite parties)
O R D E R
SRI. K. ANIRUDHAN, MEMBER(PRESIDENT-IN-CHARGE
Sri. Mahesh Mohan has filed this complaint before the Forum on 11.4.2012 alleging deficiency in service and negligence on the side of the opposite parties. The allegations of the complainant are as follows:- He is working as Asst. Project Engineer at Infrastructure Development Division, HLL Life Care Ltd., Thiruvananthapuram and have been traveling from Kayamkulam station to Thiruvananthapuram Central in the first class coach of Malabar Express (No.6630/16629 with the first class season ticket from 2009 onwards. The said train is the only convenient train to reach at Thiruvananthapuram in time and returning from Thiruvananthapuram after office hours. But on 23rd February 2012 onwards, he was denied the right to travel in the first class coach of the said train of Malabar express, even though he has valid first class season for an amount of Rs.1220/-. The reason given by the opposite parties, for not allowing him was an article in the news paper stating that first class season ticket holders in Thiruvananthapuram Division, can only travel in Parasuram and Venad Express train which have unreserved first class coaches. The season ticket issued by the 3rd opposite party is silent with regard to above condition. But both trains mentioned above are running from Thiruvananthapuram to Eranakulam in the morning and back by every evening which is no use to him, since he has to travel Kayamkulam to Thiruvananthapuram in the morning in order to attend the official duties. The said direction was issued by the Thiruvananthapuram Division and no such conditional travel rules exist any where in India. The first class coach of the Malabar Express (16629) has almost 2 cabins (12 seats) usually marked as reserved for passengers for Kottayam and runs empty between Thiruvananthapuram and Kottayam. The Railways have also marked the S6 Sleeper Class coach (Reserved for passengers boarding from Kottayam) as reserved between Thiruvananthapuram and Kottayam in Malabar Express for the exclusive use of regular season ticket holders between Thiruvananthapuram and Kottayam. When the Railways can de-reserve the S6 coach for regular season ticket holders. The opposite parties are denying the facility to first class season ticket holders, the opposite parties can very well allot 2 of the cabin in the first class coach of the said Malabar Express that is now running empty, for the use of the travelers who have first class season ticket. The guide lines issued by the opposite parties clearly stated that the first class season ticket holders can travel in first class coach during day time. But the TTE of the opposite parties, resisted the complainant to travel in the first class coach of Malabar Express. Since he has to attend the office at 9.30 a.m. at Thiruvananthapuram, he was forced to travel in the general coach of the said train, even though he has valid first class season ticket. On every journey he has pointed out the matter to the TTE. But he has not obtained any positive steps from the TTE. There is deficiency in service on the side of the opposite parties and sustained mental agony and inconvenience. Hence this complaint.
2. Notices were issued to the opposite parties. They appeared before the Forum and filed version.
3. In the version filed by the opposite parties, it is stated that season ticket are not valid for travel in reserved coaches and train and that they are valid for travel by only those Mail/Express/Super fast train where it has specifically been permitted by Railway authorities. First class season ticket has some conditions and they have communicated those conditions of the ticket holders. It is stated that first class season tickets are issued only for Venad Express and Parameswaram Express. First class coaches of other trains are fully reserved and are running during night time and travel in these train with first class season tickets are not permitted. First class season tickets are issued to the complainant with the above condition. It is stated that the complainant could travel in any second class or any dereserved sleeper coach by Malabar Express during day time and as per distance restriction, and that the season tickets are issued with certain condition only.
3. Considering the contentions of the parties, the Forum has raised the following issues for consideration:-
1) Whether there is any deficiency in service and negligence on the side of the
opposite parties?
2) Whether the complainant is entitled to travel in the first class with his valid first
class season ticket?
3) Whether the relief prayed for can be allowed?
4) Compensation and costs.
4. Issues 1 to 4:- Complainant has filed proof affidavit in support of his case and produced documents in evidence – Exts.A1 to A6 – marked – Ext.A1 series are the copy of the season ticket. It shows that the total amount paid by the complainant to get the season is Rs.1220/- for one month. The guide lines stated in the season ticket is silent with regard to the travel only in the first class coaches by the holder of the first class season ticket. Ext.A2 is the guide lines issued by the Head quarters of the opposite parties. It shows that the season Tickets are issued for first and second class only and those tickets are valid in the class for which they are issued. It further shows that the first class season Ticket holders are however, allowed to travel in the first class coaches during day time only subject to the distance restriction applicable on the concerned train. It further shows that reserving a berth means the passenger can avail sleeping facility between 9 p.m. to 6 p.m. However, between 6 a.m. to 9 a.m. it can be used to provide the room facility to other passengers in the compartment. Ext.A3 is the details of the reservation facility allotted to stations, in the Malabar Express. Ext.A4 is the copy of the interim order of CDRF., Kollam vide dt. 7.7.2012, allowed in favour of the complainant therein, after allowing him to travel in the first class coaches of Malabar Express with first class season Ticket during day time. Ext.A5 is the copy of the paper report regarding the above matter. Ext.A6 is the order of the CDRF., Kasargod vide dt. 8.6.12, regarding the above issue.
5. Opposite parties have not filed any counter affidavit in lieu of the proof affidavit of the complainant. The opposite parties have produced 5 documents in evidence – Exts.B1 to B5 marked – Ext.B1 is the rules as per the Railway Act, 1989, with regard to the power to make rules. Ext.B2 is the general Rules relating to the Ticket refused and validity. It shows that the first class season Ticket holders are however, allowed to travel in first class coaches during day time, subject to the distance restriction applicable on concerned trains. Ext.B3 is the copy of the conditions to the issues of first class season Tickets, of the Divisional Manager of the opposite parties, dt. 2.2.2006. Ext.B4 is the undertaking issued to the 2nd opposite party by the complainant. Ext.B5 is the copy of he order of the Hon’ble High Court dt. 11.1.2012 regarding the issues of first class season Ticket holders.
6. We have perused the matter in detail and verified the documents produced by both parties in evidence. The allegations of the complainant is that even though he has a valid first class season Ticket, after remitting a sum of Rs.1220/- before the 3rd opposite party. The said first class season Ticket is for his daily journey from Kayamkulam to Thiruvananthapuram to attending his office at 9 a.m. itself. He is the site Engineer of infrastructure Development Division, HLL Life case limited. In order to reach the office, the only train is the Malabar Express. The arrival of the said train at Kayamkulam station is about 6.10 a.m. For the last several months, he is traveling in this train, with his valid first class season Ticket. It is alleged that on 23.2.2012, he was denied the right to travel in the first class of the said train and TTE of the opposite parties directed him to travel in the second class coach of the said train. In the version of the opposite parties, it is stated that first class season Ticket holder was not entitled to travel in the first class reserved coaches. In the said train of Malabar Express, there is only one first class coach which is reserved. It is further alleged that in the morning, most of the reserved coaches of the first class in the said train are vacant from Kottayam onwards. When reached the said train at Kayamkulam, most of the seats of the first class coaches are in a vacant position. Even though in such a situation, the TTs are not allowed the complainant to travel in the vacant coaches of first class reserved seats. The opposite parties are stated that the first class season Ticket holders are not allowed to travel in the first class reserved coaches and that first class season ticket holders are entitled only to travel in the Venad Express and Parameswaram Express. The complainant had obtained the first class season Ticket from the 3rd opposite party to travel from Kayamkulam station to Thiruvananthapuram Central station. But contrary to that, the opposite parties are directed the complainant to travel towards northern trains by the Venad or Parameswaram. The season Ticket for the first class obtained from the 3rd opposite party is silent with regard to the above condition. Ext.A1 season clearly shows that the first class Ticket issued was for the train towards southern side – Thiruvananthapuram without considering the purpose of the season ticket and without any bonafides, the opposite parties are raised unnecessary conditions. The opposite parties are not provided any separate bogi for the first class season Ticket holders in the said Malabar Express. Even though, several reserved seats in the first class bogi are vacant up to Thiruvananthapuram in the said train, the TTE are not allowed him to travel even though he has valid first class season Ticket. Ext.B2 document, produced by the opposite parties clearly shows that first class season Ticket holders are however, allowed to travel in first class coaches during day time. The arrival of Malabar Express at Kayamkulam is between 6.10 a.m. and 6.45 a.m. and most of the reserved seats of the first class coaches are fully vacant up to Thiruvananthapuram. In such circumstances the complainant has every right to travel in the first class coach of the said train. Any kind of resistances from the side of TTE will amounts to deficiency in service and negligence and opposite parties are jointly and severally liable for that and they are answerable to the complainant.
7. On a verification of the entire matter of this case, we are of the considered view that the action of the opposite parties are highly illegal, arbitrary and without any bonafides. The TTE has no right to resist the complainant to travel in the reserved coaches of the said train, sine there is sufficient seats are available, even though they are reserved seats. Ext.A3 are also shows the vacant reserved seats, at various stations of Malabar Express. So, considering all the facts and circumstances of this matter, the opposite parties or any one claiming under them have no right to resist the complainant from traveling in the first class reserved bogi. The contentions raised by the opposite parties in this case could not be accepted as valid ground to resist the complainant to travel in the reserved coaches of the first class bogi. Since the season Tickets issued by the 3rd opposite party is for the journey from Kayamkulam to Thiruvananthapuram, after collecting a sum of Rs.1220/- from the complainant. The opposite parties are raised unnecessary contentions against the complainant and it cannot be accepted since it has no merit. Considering the entire matter of this case, we are of the strong view that the complainant is fully entitled to travel in the first class coach of Malabar Express. The opposite parties or any one claiming under them is not bound to resist the complainant from traveling in the reserved coaches. Since there is grossest deficiency in service and negligence on the side of the opposite parties, the complainant is fully entitled to get compensation and costs from the opposite parties for his mental agony, pain and inconvenience. In this respect, after considering the facts and circumstances of this matter, we are of the further view that the allegations raised by the complainant are to be treated as genuine and that the complaint is to be allowed. All the issues are found in favour of the complainant.
In the result, we hereby restrained and prohibited the opposite parties or anyone claiming for or under them, including TTE from taking any kind of resistance to travel the complainant with his valid first class season Ticket in the first class reserved coaches of Malabar Express from Kayamkulam to Thiruvananthapuram. Since there is grossest deficiency in service and culpable negligence on the side of the opposite parties by way of resisting the complainant from traveling in the first class reserved coaches during day time with his valid first class season Ticket in the Malabar Express, this is a case of awarding compensation and costs to the complainant for his mental agony, pain, inconvenience and hardship due to his journey in the second class bogi. But we are not directing the opposite parties to pay compensation and costs to the complainant. We further ordered that in case the opposite parties or anyone under them, including TTEs has violated this order, the complainant is free to proceed against them by invoking appropriate legal steps and TTEs will be personally liable for that.
Pronounced in open Forum on this the 30th day of July, 2012.
Sd/- Sri. K.Anirudhan:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext.A1 series - Copy of the season Ticket.
Ext.A2 - Guide lines issued by the Head quarters of the opposite parties
Ext.A3 - Details of the reservation facility
Ext.A4 - Copy of the interim order of CDRF., Kollam
Ext.A5 - Copy of the Paper Report
Ext.A6 - Copy of the order of CDRF/. Kasargod vide dt. 8.6.12
Evidence of the opposite parties:-
Ext.B1 - Rules as per the Railway Act, 1989
Ext.B2 - General Rules relating to the Ticket
Ext.B3 - Copy of the conditions to the issues of First Class season Tickets
Ext.B4 - Undertaking issued to the 2nd opposite party by the complainant
Extt.B5 - Copy of the order of Hon’ble High Court dt.11.1.02
By Order
Senior Superintendent
To
Complainants/Opposite parties/S.F.
Typed by:- pr/-
Compared by:
