Chandigarh

DF-I

CC/593/2018

Nazim Ahamed - Complainant(s)

Versus

Ministry of Railway - Opp.Party(s)

In Person

03 Dec 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

========

 

Consumer Complaint No.	:	CC/593/2018
Date of Institution	:	14/11/2018
Date of Decision	:	03/12/2018

 

Nazim Ahamed son of Late Sh.Nafis Ahamed, resident of 3658, Sector 25-D, Chandigarh.

…..Complainant

V E R S U S­

1.      Ministry of Railway, Rail Bhawan, New Delhi 110001.

2.      Anil Pal (TTE in Indore Exp. 19307) Chandigarh Railway Station.

3.      Ashok Chopra (TTE in Indore Exp. 19307) Chandigarh Railway          Station.

……Opposite Parties

 

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                                               

ARGUED BY

:

Complainant in person.

PER RATTAN SINGH THAKUR, PRESIDENT

1.             Allegations in the complaint are, on 18.10.2018, complainant alongwith his wife had boarded in Train No.19307 at 9.30 PM in Coach No.S-11 from Agra to Chandigarh. Ticket was booked on consideration. Berth number of the complainant and his wife was 17 & 20, therefore, in order to have rest, complainants have changed berth No.17 with 21 for the purpose to lay down to sleep. However, the occupants of berth No.18,19,21,22,23,24 young boys and girls started eating food, playing songs with music speaker. However, the complainant was scared, therefore, did not tell them to restrain. Subsequently, Opposite Party No.2 & 3 TTE had come and they were requested to restrain young boys and girls from singing songs, but said young boys and girls claimed that they have come out of the house for a picnic and they cannot stop. Opposite Party No.2 & 3 apprehended fear at the hands of young persons had changed the berth of complainant to another at 2.30 AM. Hence, it is the case since Opposite Party No.2 & 3 failed to stop the nuisance of young boys and girls, therefore, it tentamounts to negligence and deficiency in service. Hence, prayed for compensation of Rs.1 lac.

2.             We have perused the allegations made alongwith documents annexed inclusive of complaint made by complainant to the railway department. Admittedly, no allegations of Indian Railway or opposite parties were lacking of in service with regard to amenities in the train and any problem in the journey. It is the own case that the occupants of another berth were in the prime of their lives and were enjoying by way of playing music and songs. It is nevertheless the case that it was with intention so as to cause nuisance to the complainant and another persons. None of other persons i.e. to say other passengers had complained of this. The said teenagers have not been made as a party and even the opposite parties on being complained of, changed the berth of complainants at 2.30 AM on the relevant night. If it is the scenario, we are not able to understand how it amounts to deficiency in service. It is not the case what was the nature of song to cause disturbance which could tantamounts to deficiency in service on the part of Indian Railway and unfair trade practice. The complainant alongwith those young boys and girls stands on equal footing for Indian Railway. The complainant cannot have superiority over the other passengers who are also consumers. If the nuisance had exceeded to the extent of crime, report could have made to the police by complainant which was not done. In the prime of life, young boys and girls while traveling in such age and stage seems not preventable unless some offence takes place which is not the case. Even otherwise it is a case of trifling nature of which the law does not take cognizance of. We do not find any reasons to admit this complaint. Therefore, we proceed to dismiss this complaint.  

3.             The certified copy of this order be sent to the complainant free of charge. File after its due completion be consigned to record room.

	Sd/-	Sd/-	Sd/-
03/12/2018	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
as	Member	Member	President