Delhi

New Delhi

CC/379/2014

Dr. N.K. Mittal - Complainant(s)

Versus

M/S. Chairman Rly. Board - Opp.Party(s)

03 Mar 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/379/14                                                                                                                                                                                Dated:

In the matter of:

Dr. N.K Mittal,

N-27, South Ext. -1, New Delhi-110049

……..COMPLAINANT

       

VERSUS

Chairman Railway Board,

Rail Bhawan, New Delhi

                                        ……. OPPOSITE PARTY

 

ORDER

President: C.K Chaturvedi

 

The Complainant had got confirmed ticket for train no.12628 on 4^th May 2013, from New Delhi to Bangalore. During Journey, one person called R.K Pandey claimed himself as Railway employee boarded in coach no.B-1 where complainant was sitting on reserved seat 51 and forcibly tried to sit on his berth.  Complainant objected to his sitting because the berth was fully occupied but he bluntly refused and tried to occupy berth; consequently confrontation started which turned into his physically causing injury to complainant. He immediately approached TTE and lodged in complainant no.031321, 22, 23, and lodged FIR with railway police after de-boarding at Bangalore (tickets & FIR on record). Medical examination was conducted at Bangalore as per annexure attached. Further complainant also lodged a complaint to Chairman, Railway Board on 31.05.13. Copy enclosed with complaint. The said complaint was thoroughly examined by Railway authority and reply sent to complainant vides Chief Commercial Manager (PS) Central Railway that R.K Pandey Manager working as SSE (OHE) under SR SSE (TRD) Bhusawal entered into compartment without reservation. The contents of letter reproduced as under:

                        “ Investigation were conducted into the above complaint. It is revealed as under:

                           Sh. R.K Pandey, working as SSE (OHE) under Sr. DEE (TRD), Bhusawal has entered the reserved coach B1 of 12628 UP dt. 04/05/2013 without reservation and without the permission of the Conductor. He misbehaved with the bonafide passenger Sh. N.K Mittal giving rise to this complaint and also  tarnishing the image of the Railways. His office has been  advised to take stict action aginst him under DAR for the above lapses.

The GRP has registered NC vide Cr. No.21/13 dt. 05/05/2013 under IPC section 112.117 by Mumbai Police. “

 

The OP in reply stated that it is not a consumer dispute matter and the administrative action has been ordered on the railway employee Mr. Pandey.

We have considered the rival submissions. The administrative action or criminal action on registration of FIR is entirely separate action for his personal liabilities for acts of Omission & Commission. However, in that process the passenger, his injury, mental agony, hurt of feelings, insult and harassment etc are not addressed. The railway is vicariously liable for such tortious acts done by him while he was in railway employment. See the case of Chairman Railway Board Vs. Chandrima Das AIR 2000 SC 988, where Hon’ble Supreme Court dismissed all similar pleas of railways based on criminal and administrative action, and held railway employee liable for compensation for gang rape in Railway employee in Yatri Niwas.

Considering all the aspects of the case, we award compensation of Rs.35,000/- to complainant for  his hurt feelings, mental agony and harassment and Rs.15,000/- for litigation expenses.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25/27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 03.03.2015.

 

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER