JUDGEMENT

Complainant by filing this complaint has submitted that he booked a ticket for 6 passengers for Train No. 05421 for Rs.1,060/- and proposed journey was from Howrah to Siliguri Jn. and the ticket booking date was 08.09.2012 and the date of journey was 22.10.2012 and the coach No. was S-7 and berth No. were 64, 56, 40, 59, 62 & 32 and PNR No. was 6113027781 and booking status was confirmed.

Accordingly on that date of journey on 22.10.2012 complainant along with his family members reached at Howrah Station in time and on arrival of the Howrah Station along with bag and baggage and on arrival of the train in the Platform No. 9 they were searching for the coach – 7 but after thorough search it was found that Coach-7 was not found from first to last boggy and he also found that C-6 & 7 are not tagged with the said train.  But it was announced that the passengers of Coach S-6 & 7   are requested to contact the attendant standing in front of AC Coach.  Then complainant rushed to the attendant who suggested checking the reservation chart given in front of the Platform Notice Board and even after repeated searching he could not find out their names in the list.  So he became anxious and again he contacted with coach attendant and attendant then informed that an AC Coach (BEX) has been given as extra coach and asked them to enter into the AC Coach and informed that TTE would accommodate them in the coach that was almost vacant.

Thereafter train started at around 10:00 PM and he entered into the adjacent AC Coach to meet the TTE to know his berth but the TTE started shouting and misbehaved with him.  Further after long check through net banking of the said tickets, TTE directed to wait and at the dead night, at around 1:30 AM, the TTE group informed that they could allot ticket in the AC Coach (BEX) but complainant shall have to pay extra money for that and in that situation finding no other alternative complainant paid more amount of Rs.2,052/- and signed on the Excess Fair Slip (EFS) and thereafter he completed his journey and such sort of conduct on the part of the op is no doubt unfair practice and practically no proper service was given and no proper service was provided to them as a bona fide reserved ticket holders of the op and for which complainant has filed this complaint.

In fact op no.2 Authorised Manager of Eastern Railway by filing this written statement submitted that complainant was a bona fide ticket holder but due to certain technical snag the said two coaches were not attached and for which no doubt complainant faced uncalled for, inconvenience which was absolutely beyond the control of the op no.2 and this aspect was communicated repeatedly by the public address system on the material date and time and subsequently after allotting a upper class accommodation difference of excess fare was realized by on duty checking staff by EFT and as per rule in case of dropping of E-ticket the passenger is required to approach IRCTC for refund and the complainant was not ready to enjoy the said train and in this case the said TTE ought to have convinced the complainant when complainant has expressed his keen desire to avail of the journey by the said train, alternative accommodation was arranged by allotting berth Nos. 33 to 38 in the said 3AC coach against issuing EFT, but no misbehave was made by the op for their journey and  the complaint is false and fabricated.

On the other hand Indian Railways submitted that IRCTC is not service provider for purchasing ticket, not for his journey and in this case as per version received from the Centre for Railway Information System (CRIS) originally the PNR 6113027781 was confirmed in Coach S-7 but unfortunately the Coach No.S-6 and S-7 were marked as damaged on that day and therefore the same could not be reinstalled in the said train being train No.05421.  But subsequently the Railway Authority allotted that upper class AC Coach and that was availed of by the complainant.  So, there was no laches on the part of the IRCTC when confirm tickets were served to the complainant and that was handed over to the complainant and after that IRCTC has nothing to do because they are not related with the service of the train etc.  So, this complaint against IRCTC must be dismissed.

                                              Decision with reasons

On in depth study of the complaint and written version and particularly the admission of the complaint that complainant availed of the journey by paying Extra Fair Ticket (EFT) in AC Coach and op Railway Authority admitted that S-7 was not tagged with the said train No.05421 though complainant had confirmed reserve ticket.  But that coach was not tagged in view of the fact damaged position was found in the said coach.  So, Railway authority announced by their public advertisement and requested the ticket holders of the said coaches to contact the TTE of the said train and that is also alleged by said ticket holder.  But fact remains for that EFT was received as per rules and no doubt it was not possible for the railway to give such coaches because there was question of safety of the passengers.

No doubt complainant enjoyed the journey by paying higher rate of ticket as he enjoyed higher class against sleeper coach.  But most interesting factor is that two coaches consisting of 72 numbers of passengers in each coach failed to get such chance to avail of the said train as Coach S-6 & 7 were not tagged with the said train.  But it is unfortunate that Indian Railway is a big industries but failed to place of that coach two other standard boggies with the said train when the entire money had already been received by the Railway Authority giving confirmed ticket and such sort of act on the part of the railway authority is no doubt to deficient and negligent manner of service and negligence and deficiency on the part of the railway administration is also proved.  But it was the duty of the railway administration to give alternative berth by replacing other coaches but that had not been done.  No doubt the complainant had his fund so he paid extra fair though he had his confirmed tickets and extra fair was no doubt paid for his journey by higher class but if it would not be possible for him to pay it in that case as confirmed ticket holder he along with his family members would harass by the Railway Authority on the night.

Very peculiar factor is that Railway Authority submitted written version and it appears that it is a casual matter to them.  If such a position of a passenger is treated as a casual matter of the Railway Authority then it can safely be said that Indian citizens are being harassed no doubt everyday by Rail Authority but they have their no liability or responsibility, to discharge services to a passenger selling of ticket is the only duty and to take the money from the passengers but surety of the journey are not headache of the railway authority and if in such a manner Indian Railway Administration runs the trade in the future we can say without any hesitation that the fate of the Indian Railway shall be like the fate of the CSTC or other said transport in Bengal.  Such sort of expression of Rail Authority is always enjoyed by the passengers but people at large are not getting any relief from those Rail Authority.  In fact they have their no responsibility of their service in almost all the cases so public at large in general are being harassed by the op and no doubt it is found that same path has been adopted by the State Transport Authority also.  But that cannot be tolerated by the passengers when it is found that practically the ticket of the complainant had confirmed tickets of sleeper coach but for negligent and deficient manner of service complainant was compelled to pay more fare.

Fact remains that before placing a train on the platform it is obligation on the part of the railway authority to give such coach for which the confirmed ticket had been sold to the passengers long prior to date of journey of the passengers. Fact remains purchase of confirmed ticket by the passengers is a mental satisfaction in view of the fact they cannot be harassed at the time of journey by the said train.  Truth is that all the trains are very congested due to heavy rush of the passengers.  So passengers who are unable to face such trouble always try to purchase confirmed ticket and when railway is selling confirmed ticket to a passenger, the railway authority must have to given proper relief and service by accommodating him in such a category of class as ticket holder and no doubt  damaged and defective coach should be tagged but if it is found that it must be kept at coach shed but that was not done and in the present case the entire defence of the op/railway authority is nothing but a callous defence and nonsense expression in view of the fact that their defence has proved that the railway authority is now a very callous authority and they are trying to say that they are not responsible for passengers with confirmed ticket.  But in fact railway administration has been creating an atmosphere of consumer revolt which is proved.

No doubt the complainant has been suffered by the op and it is the laches, negligence on the part of the op and practically complainant was compelled to pay higher charges and only to save his family members from further harassment he was compelled to pay excess amount.  No doubt he was allowed AC coach but financial capacity of the passenger must be assessed by the railway authority.  Anyway Railway authority cannot compel the passenger to purchase higher class when he was holding lower class confirmed ticket for the callous service of the railway authority but passenger must have to purchase ticket  as per financial capacity of the passenger, passenger may not be able to purchase higher class ticket when confirmed tickets are issued by the railway authority and it is the legal duty on the part of the Railway Authority to place such a train along with such coaches for which confirmed tickets are issued.  Additional coaches are standing in the yard but administration is so callous that they are not in a mood to place the coaches in place of that damaged coaches.  In this case it is proved that very non-sense and callous administration was there on that date.  It is proved that complainant along with his family members were harassed and they are compelled to pay more amount of Rs.2,050/- as additional charge for ticket.  Railway Authority must have to keep in their knowledge that before placing any train in respect of which confirmed tickets had been sold for providing all the confirmed ticket holders the respective seats of their status and coaches must be tagged with the trains.  But it cannot be a whims of the Railway Authority to detach it and the passengers shall be on the platform at night and to go back to home after getting back the refund money and that is not the way for solving the whole problem.  Wholly Railway Authority must have to think over the matter again and again that they are not providing services at all to the passengers though fact remains that their salary is paid from ticket fare.

So, their irresponsible conduct is found in their daily work.  Their inspectors must have to inspect the matter properly so that the defect free train with proper coaches must be placed in the platform but Railway Authority is unable to control their defects, their callous activities but they are ready to sell confirmed tickets to the passengers and they have no responsibility to give services.  When they are selling confirmed tickets they must have to control such type of situation and render moral service to the ticket holders.

Fact remains that in this case negligence and deficiency on the part of Railway Administration is well proved.  Fact remains that complainant was harassed and he had his no capacity to pay more amount for which he purchased sleeper class confirmed tickets but the situation was such that he was compelled to pay Rs.2,050/- more for that journey only for the laches and deficiency on the part of the Railway Authority.  So, it is clear that complainant has proved the deficiency and negligence of service on the part of the Railway Authority, but the defence of the Railway Authority appears to us that their defence is very casual as if they are business man, as if they are running the state buses and in fact most worst possible defence has been taken by the Railway Authority being a big industry of Indian for communication and it must be mentioned in this regard that British India entered into India for trade at first invested private money in Rail because they were very much aware of the fact that without communication a country cannot develop and communication is highly required otherwise the whole development of India shall be stopped.  But in our country all sorts of communications either of Indian Railway or BSNL are very worthless for which our development is being hampered.  So, Railway Administration, Railway Board shall be more cautious in future, otherwise yard shall be there and train shall be in the station, improvement shall be zero and public shall have to go to the ancient period and they shall have to cover miles after miles on foot and in place of train or buses and shall be compelled to purchase asses, horses but same are not available in the market because we are not producing horses, asses, bullocks etc.  What will be the fate of this India, if in such a manner the entire Railway Authority take defence in casual manner and then casual defence is that passengers shall have to get/refund of the ticket from the Railway Authority.  But our question is then for what reason, Rail Authority shall have to take money in advance and to invest it to get profit and confirmed ticket holders shall not have to get services after arrival of railway station.  The above approach is ot doubt a capitalist attitude and it is no doubt unfair trade.

After considering the written version, it is clear that it is a mockery of Railway Administration but this mockery shall be stopped and this particular case has given us a very good chance to express our deep sense of sorrow about the Railway Administration.  Railway Administration has been running the administration without any proper control in all respect from head to tail so our communication system is found very slow, passengers always pay money and are attending office at late due to laches of the Railway Administration.  Many daily passengers fail to attend after late running of the train and this is the situation.  This situation must be controlled otherwise the whole development of the country shall be shattered and all attempts of the Government shall be frustrated.  All over the world where there is railway system the railway administration is very much punctual and their officers are honest, dedicated and they always keep watch about the services to the passengers and in India the Indian Railways are not looking after the satisfaction of the customers/consumers.  Then we feel the consumer revolution is highly required at the rail at first and we feel that the passengers must have to unit as consumer and to raise voice against the Railway Administration as consumers.  Otherwise such sort of unfair trade of the Railway Administration cannot be controlled and if this system is continued in future the consumer shall make an example in Indian Railway history to make railway administration to be punctual and honest and their casual approach shall be vanished then.  Though our consumers have their huge capacity to bear pain for which the Indian Railways is still running without giving services to the passengers when advanced ticket has been sold by the Indian Railways for their own fund to give salary to the employees.  If Railway Authority thinks that they have their no capacity to provide services to the passengers, then Railway Authority must not have to sell ticket to anyone in advance.

In America any train or business men even railway are controlled by the consumer association and for want of service if passengers loss their daily job or etc Railways are bound to pay penalty and this is the situation of America, Canada etc. and this situation should be created in India by the consumers and if consumers wake up invariably the entire situation of rail shall be otherwise.

On proper evaluation of the entire materials on record and the whole aspect of the particular written version of the op is confirmed that it is no doubt unfair trade practice and fact remains in such a manner no advance confirmed ticket holder must not be harassed in future by the Railway Authority and if in future such sort of case is reported before any Forum, that Forum should take strong action against Railway Officers and authority because maintenance of rail and coaches and service to the passengers are now neglected.

In the light of the above observation we are of view that complainant has proved beyond any manner doubt the deficiency and negligence and callous activities of the op Railway Authority and for which complainant is entitled to get compensation when he has been harassed and for the laches of negligence and deficient manner of service complainant as middle class people was compelled to pay Rs.2,050/- as excess fare ticket for AC class also.

In the result, the complaint succeeds.

Hence, it is

                                                    ORDERED

That the complaint be and the same is allowed against op no.2 with a cost of Rs.2,000/- but same are dismissed against IRCTC because IRCTC is not the service provider of any service, he did the work by handing over the confirmed ticket against payment of money.

Op no.2 is hereby directed to pay compensation of Rs.20,000/- to the complainant for causing harassment, mental pain, agony and loss of more money for his journey even after holding the confirmed sleeper class ticket.

For adopting such sort of unfair trade practice, op no.2 is imposed punitive damages of Rs.10,000/- which shall be paid to this Forum and it is imposed to control the unfair trade practice of the Railway Authority and also for disobeyance confirmed ticket of passengers in such a manner.

Op no. 2 is hereby directed to comply the order within 15 days from the date of this order failing which for each day’s delay, op shall have to pay penal interest @ Rs.100/- per day and even if it is found that op is reluctant to comply the order, in that case penal action shall be started u/s 27 of C.P. Act 1986 for which further penalty and fine shall be imposed against them.