KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM

APPEAL NO.815/2012

JUDGMENT DATED 18/12/2013

 (Appeal filed against the order in CC No.125/2012 on the file of CDRF, Alappuzha dated, 30/07/2012 )

PRESENT:

SMT. A. RADHA                             :                  MEMBER

SHRI. K. CHANDRADAS NADAR :        JUDICIAL MEMBER

SMT. SANTHAMMA THOMAS    :                  MEMBER

APPELLANTS:

1.     The General Manager,

Southern Railway,

Head Quarters, Chennai-600 003.

2.     The Divisional Manager,

Southern Railway, Thycaud,

Thiruvananthapuram.

3.     The Station Master,

Railway Station, Kayamkulam.

4.     The Station Manager,

Railway Station, Kayamkulam.  

(By Adv:   Sri. S. Renganathan)                   

                   Vs

RESPONDENT:

          Sri. Mahesh Monan,

          Padiyilethu House, Erezha South,

          Chettikulangara P.O.,

Mavelikkara-690 106.

(By Adv:  Sri. S. Rakesh)                    

JUDGMENT

SMT. A. RADHA  :  MEMBER

          Appellants are the opposite parties in C.C.No.125/12 on the file of CDRF, Alappuzha who preferred this appeal.  The Order of the Forum Below is a Prohibitory Order against the opposite parties.

          2.  The facts of the case in brief are that the complainant is having a Monthly Season Ticket (MST) for his journey in 1^st Class from Kayamkulam to Thiruvananthapuram and Thiruvananthapuram to Kayamkulam. The complainant is working as Asst. Project Engineer in a Company in Thiruvananthapuram and used to travel daily from Kayamkulam to Thiruvananthapuram in  the 1^st Class Coach of Malabar Express Train from 2000 onwards (Train No.6630/16629).  On 23/02/2012 he was restrained from travelling in the 1^st class coach of Malabar Express though he had a valid 1^st class season ticket which he had purchased for Rs.1200/- in advance.  The reason for restraining his travel in the 1^st class was that the complainant can travel in Parasuram and Venad Express Train wherein unreserved 1^st class coaches are available.  The allegation of the complainant is that this reason was not mentioned in the ticket issued to him.  It is stated in the complaint that the timing of the Venad and Parasuram Express were inconvenient for his travel whereas the timing of Malabar Express Train was suitable for his office hours.  It is asserted in the complaint that no conditional travel rules exist anywhere in India for travelling with a valid 1^st class season ticket to travel in prescribed trains.  Further statement in the complaint is that there are almost 2 compartments having 12 seats usually marked for reserved passengers from Kottayam and run empty between Thiruvananthapuram and Kottayam.  So also the Sleeper Class Coach for passengers boarding from Kottayam is dereserved between Thiruvananthapuram and Kottayam in Malabar Express can very well be used for the exclusive use of 1^st class season ticket holders between Thiruvananthapuram and Kottayam.  It is also stated that these seats from Thiruvananthapuram to Kottayam are almost empty and ticket allotted to the season ticket holders who had already remitted the ticket charges in advance. Thus the discrimination between reserved ticket holders and 1^st class season ticket holders can be adjusted.  The guidelines of the Railway regarding 1^st class season ticket also stated that the 1^st class season ticket holder can travel in 1^st class coaches during day time.  Since the complainant was holding advance 1^st class season ticket the Railway Authorities are fully competent to allot a seat for the complainant to travel in the 1^st class coach of the Malabar Express.  The complainant had to travel in the unreserved compartment as he was denied of the facility to travel in 1^st class coach even after having 1^st class season ticket which caused inconvenience and mental agony and it is to be compensated.  The relief claimed is to allow the complainant to travel in 1^st class coach Malabar Express between Kayamkulam and Thiruvananthapuram with the valid 1^st class season ticket and also for direction to pay compensation of Rs.50,000/- and Rs.5000/- as cost of proceedings.

          3.  The opposite parties filed version contending that the opposite parties are not liable to pay any compensation or cost to the complainant.  As per Section 60 of Railway Act, Railway has the power to make rules and as per Rule 242.1(iv) says that “season tickets are not valid for travel in reserved coaches and trains”.  They are valid for travel in passenger trains.  In case of Mail/ Express/Superfast Trains they are valid for travel by only those Mail/Express/Superfast Trains where it has specifically been permitted by Railway administration”.  It is also contended that the Southern Railway Divisional Office, Commercial Branch, Thiruvananthapuram had already issued Circular to the effect that the 1^st class season tickets are issued only for Venad Express and Parasuram Express.  It also elaborates that the other 1^st class coaches are fully reserved and they are running during night hours.    The 1^st class season ticket holders are not permitted to travel in the reserved coaches (A/c, Sleeper) attached in the trains.  While purchasing 1^st class season ticket it is mandatory to sign a declaration by the season ticket holders that they are ready to accept the same without any dispute.  The 1^st class coaches are limited in number and in no trains have more than one 1^st class coach attached to this division.  It is admitted that the season ticket holders are also making use of the facility in their eligible coaches. There are trains running in both directions and so many commuters are using the facility.   They are having competent authority to travel in 2^nd class unreserved coaches of Malabar Express Train during day time till its destination.  It is also admitted fact that certain coaches are earmarked as dereserved coaches in certain trains for the convenience of the commuters.  The complainant is entitled to travel in dereserved coaches with his 1^st class season ticket.  The dereservation is a policy matter of the Railways.  Moreover, if any portion of the reserved 1^st class compartments are dereserved it certainly deny the rights of reserved passengers from Thiruvananthapuram Central to Kayamkulam junction who reserved in this train.  The complaint is filed for undue monitory benefits with malafide intention.  It is also stated that the Railways owned and managed by Government of India and thousands of people travel every day and the reserved passengers for long distance are to be safeguarded as a policy and no special preference can be given for unreserved passenger on the basis of 1^st class monthly season ticket.  Further the reserved passengers are paying higher charges for their journey. The complaint is only to be dismissed as the matter involves large number of people who depend upon Railways as reserved passengers.

          4.  The complainant filed proof affidavit in support of this case and Exbts.A1 to A6 were marked.  On the side of the opposite parties Exbts.B1 to B5 were produced in evidence.

          5.  It is argued by the counsel for the appellant that the respondent is a frequent traveller as 1^st Class season ticket holder in Malabar Express Train while so, on 23/02/2012 the respondent was denied the right to travel in the 1^st class coach of Malabar Express alleging that he was not permitted to travel in the 1^st class coach of that train consequent to the communication and article published in newspaper, the season ticket holders in Thiruvananthapuram Division could only travel in Venad and Parasuram Express which have unreserved 1^st class coaches.  Malabar Express is a night train and it does not have any unreserved 1^st class coach.  The allegation of the complainant is that the train ticket examiners resist passengers like the respondent from travelling in Malabar Express in 1^st class coaches even though they hold 1^st class season ticket.  It is argued that as per the Railway Act the appellant is having the power to formulate rules for the purpose of regulating the travel of passengers.  As per the rule, it is clearly stated that season tickets are not valid for travel in reserved coaches and are only valid for travel in passenger trains.  The Railway Administration issued a Circular stating that 1^st class season ticket holder could travel only by Venad and Parasuram Express and the 1^st class season ticket holders are not permitted to travel in reserved  coaches.  The season tickets are issued on executing an undertaking that they would not travel in reserved coaches.  The respondent is well aware of this condition and he deliberately ignored this condition and raised untenable claim for seat in the reserved 1^st class coach of Malabar Express.  The counsel also argued that the 1^st class coach in the Malabar Express wherein the respondent sought to travel is a reserved coach where the passengers reserved their berths well in advance.  If the season ticket holders like the respondents are permitted to travel in a reserved coach it would create serious inconvenience to the passengers who had already reserved their seats and berths in advance.  The Forum Below ignored the Railway Act and interfered in the power of the Railways to make rules and pass the orders.  While issuing 1^st class season ticket it was specifically mentioned that he could travel in Venad and Parasuram Express.  The claim to travel in Malabar Express which is having only reserved 1^st class compartment is running at a time which is convenient to the complainant’s office timings does not mean that he can travel in a reserved compartment.  He is only entitled to travel in an unreserved 2^nd class compartment with the 1^st class season ticket in Malabar Express.  The Railway Administration passed the Circular dated 02/02/2006 from the Divisional Office of the Southern Railway (Exbt.B3) retraining season ticket holders from travelling in reserved compartments due to the umpteen number of complaints received from reserved passengers that season ticket holders cause severe disturbances and issues which often leads to law and order problems in trains.  This Circular was issued with all bonafides and in good faith in order to ensure the comfortable journey to all its passengers.  The respondent had signed an undertaking while purchasing the 1^st class season ticket that he will not travel in any 1^st class reserved coaches.  Exbt.B4 is relevant in this case.  It is argued that the order of the Forum is illegal and the direction to allow the respondent to travel in 1^st class reserved coach of the Malabar Express is also unsustainable.  He also prayed to set-aside the   order passed by the Forum Below.

          6.  The respondent’s counsel strongly argued that he is having every right to travel in the train as he is holding 1^st class season ticket from Thiruvananthapuram to Kayamkulam.  He pointed out that the Malabar Express is the train convenient for the respondent in order to reach his office in time.  The season tickets are purchased in advance and he expended Rs.1220/- for a month to travel from Thiruvananthapuram to Kayamkulam everyday as a 1^st class season ticket holder.  The Venad Express and the Parasuram Express are not convenient for his journey to reach the office and he has to depend on the Malabar Express.  It is argued that Malabar Express Train is having the 1^st class compartment wherein certain seats allotted from Kottayam is vacant from Thiruvananthapuram to Kottayam everyday and these tickets can certainly be provided to those who are holding 1^st class season tickets.  The respondent produced the Reservation Chart of Malabar Express wherein it shows that from Thiruvananthapuram to Kottayam the seats are vacant.  The argument putforth was that the respondent had already purchased the 1^st class season ticket and he is eligible to travel in the vacant seats from Thiruvananthapuram to Kottayam in the 1^st class coach.  He used to travel in that coach several times earlier.  On 23/02/2012 he was denied of that opportunity to travel in the 1^st class coach of Malabar Express with his 1^st class season ticket and was asked to travel in 2^nd class unreserved compartment.  This is highly discriminatory as the respondent had already given the charge of 1^st class ticket in advance for the whole month.  The reserved ticket passengers are giving the cost of that day’s ticket with reservation charges for the day only.  So the discrimination is not at all logical on the part of the appellant and the Forum Below rightly observed that the 1^st class season ticket passengers are not to be restricted or prohibited from travelling in reserved 1^st class compartments.  The complainant is also to be compensated for the mental agony and inconvenience caused due to the misbehavior of the TTE.

          7.  We have heard both the counsels in detail and gone through the documents on record.  It is an undisputed fact that the respondent is a 1^st class season ticket holder of the appellant.  From the pleading it is clear that he used to travel in Malabar Express from Thiruvananthapuram to Kayamkulam in 1^st class reserved compartment until 23/02/2012.  While so, the journey was objected on 23/02/2012 and the respondent was compelled to travel in the 2^nd class unreserved compartment in Malabar Express Train on the ground that the 1^st class season ticket holders are not allowed to travel in 1^st class reserved compartment.  The reason stated by the appellant is that the Railway Administration has issued Circular restricting the 1^st class season ticket holders to travel in 1^st class reserved compartments in Malabar Express as the Train does not have unreserved 1^st class compartment.  The claim of the respondent is that the seats in Malabar Express from Thiruvananthapuram to Kottayam are vacant and these seats can be provided for the 1^st class season ticket holders as the season tickets are purchased in advance for a month and the payments were effected in advance also.  The Railway Administration issued the Circular based on several complaints raised by the reserved passengers to long distances.  It is also very clear that the season ticket holders are travelling for their destination and the entry to the reserved compartments will certainly cause serious problems of security and inconvenience for the reserved passengers.  We would like to point out that the respondent produced the reservation chart of the Malabar Express Train for several dates and they are all photocopies of the reservation charts and were not proved in evidence.  Moreover, the power to make rules is the exclusive discretion of the Railways and they are empowered to issue Circulars, make regulations for the smooth and proper functioning of the Railways and for the passengers.  Hence the interference of the Forum Below in the administrative capacity of the Railways is strictly barred.  It is very clear from the regulations that the 1^st class season ticket holders are not allowed to travel in reserved 1^st class compartments.  Further while issuing the ticket the complainant himself had undertaken a declaration that he was fully aware that 1^st class season ticket holder can travel in 1^st class coaches of Venad Express and Parasuram Express only.  Having given such a declaration he is estopped to claim and file this complaint and approached the Forum Below.  The declaration was made on 25/01/2012 and the issue raised by the respondent is on 23/02/2012 and he could not be argued that he was not aware of the procedures or the Circular of the Railways.  The Consumer Forum is intended for Redressal of grievance pertaining to deficiency in service.  In this case, the complainant failed to prove that there is deficiency in service on the part of the appellant from restraining the complainant to travel with 1^st class season ticket in 1^st class reserved compartment and the complaint is only to be dismissed.

          In the result, appeal is allowed setting aside the order of prohibition against the appellant including the TTE.

The office is directed to send a copy of this order to the Forum below along with LCR.

 A. RADHA                :            MEMBER

K. CHANDRADAS NADAR  :   JUDICIAL MEMBER

SANTHAMMA THOMAS     :                  MEMBER

Sa.

KERALA STATE CONSUMER

                                                                  DISPUTES REDRESSAL

                                                           COMMISSION

THIRUVANANTHAPURAM

                                                   APPEAL NO.815/2012

JUDGMENT DATED 18/12/2013

                                                              sa