Delhi

New Delhi

CC/337/2013

Saroj Kumar Singh - Complainant(s)

Versus

M/S. The Ministry of Railway and Anr. - Opp.Party(s)

11 Mar 2020

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

          (DISTT. NEW DELHI),

                  ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                                           NEW DELHI-110001

 

Case No.C.C. /337/2013                                                  Dated:

In the matter of:

Saroj Kumar Singh

R/o B-40/A, Anand Vihar,

Uttam Nagar, New Delhi-110059                                    …… Complainant

 

Versus

            The Ministry of Railway,

            Through its Secretary,

            Rail Bhawan, New Delhi.

 

            Head Quarter, Northern Railway,

            Baroda House, K.G. Marg,

           New Delhi-110001                                                              ……. Opposite parties

 

NIPUR CHANDNA, MEMBER

ORDER          

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986.  The brief facts as alleged in the complaint are that the complainant booked sleeper ticket for Rs. 399/- for the journey scheduled on 31/10/2012 from Anand Vihar to Katihar Junction bearing PNR no. 214/0132355 in Simanchal Express. On 16/10/2012, the booking status of sleeper availability was RAC/43. The complainant was hope full that his booking would turn confirmed in coming 16 days i.e. by 31/10/2012. On 31/10/2012, the complainant reached at 6:30am at Anand Vihar Railway Station to board the train. After going through the chart prepared, he found that his ticket was waiting 44 instead of confirmed or RAC/43. He immediately complaint about the same to the railway staff and also requested TTE to help him, who instead helping him, informed that some coaches have been removed from the train that is why the status of RAC/43 become waiting, but refuse to give anything in writing, having no other option he had to travel in the train in standing position. The complainant sent a legal notice through his advocate demanding the compensation against the deficiency in services by OPs. The OPs vide its letter dated 15/02/2013 informed the complainant that one coach SE-1 was removed by the Operating branch due to which RAC/43 become waiting but does not spell a single word about compensation. It is further stated by the complainant that due to deficiency in services on the part of the OPs, he was compel to travel in a standing position from Anand Vihar to Katihar Junction for which he is entitled for compensation, hence this complaint.

            Complaint has been contested by OPs.  OPs filed its written statement in which it denied any deficiency in services. It is stated that the complainant does not falls within the definition of consumer under the C.P. Act.  OPs has also raised the objection regarding the  jurisdiction of this Forum on the ground that only Railway Claim Tribunal has the jurisdiction to entertain and adjudicate the present complaint and prayed for the dismissal of the complaint. It is further stated that due technical fault in wheel gazing, one coach was not attached in train, even there was no extra coach available at that station, hence berth was not confirmed. The railway administration can take the decision to detach the coach from the train in larger interest and smooth Operation of train as per Indian Railway Conference Association Coaching tariff no. 2. Moreover, the complainant itself admitted in his complaint that having no other option he boarded the train, otherwise, option of taking full refund was available to him, being waiting list passenger he should not have boarded the train. The complainant has already completed his journey hence he is not entitled for the relief claimed and prayed for the dismissal of the complaint.

            Complainant has filed his evidence by way of affidavit.  On behalf of OPs, Ms. Priya Ranjan Parhi.  Sr. Divisional operation Manager has filed the affidavit.

            We have heard arguments advanced at the Bar and have perused the record.

   In its written statement, OPs has taken the objection that this Forum does not have the jurisdiction to entertain and adjudicate the present complaint, there were catena of judgment of Hon’ble Supreme Court in which it was held that the provision of Section 3 of C.P. Act are not in derogation of those provided under other law, the said Act supplements and not supplants the jurisdiction of the Civil Court or other statutory authorities.  Hence, the contention of the OPs that the Consumer Forum does not have the jurisdiction have no force. It is argued by Ld. Counsel for OPs that the complainant boarded the train, otherwise, option of taking full refund was available to him, being waiting list passenger he should not have boarded the train. The complainant has already completed his journey hence he is not entitled for the relief claimed

This contention of OPs is not acceptable, particularly, when there is an admission on the part of the OPs that due technical fault in wheel gazing, one coach was not attached in train, even there was no extra coach available at that station, hence, berth was not confirmed.

            In view of the above facts, we are of the considered view that the OPs ought to have informed the complainant about his ticket status well in time so that he could make a necessary arrangement for his journey. Due to failure on the part of the OPs in assigning the berth, the complainant had to suffer the mental agony and harassment.  We therefore hold OPs guilty of deficiency in service and direct it as under:

Pay to the complainant a sum of Rs. 5,000/- as compensation on account of pain and mental agony suffered by him which will also include the cost of litigation.

The order shall be complied  within 30 days of the receipt of the order. If the said amount is not paid by the OPs within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 9% per annum from the date of this order till recovery of the said amount. This final order be sent to server (www.confonet.nic.in ). A copy each of this order be sent to both parties free of cost by post. File be consigned to Record Room.

Announced in Open Forum on    11/03/2020. 

 

 

(ARUN KUMAR ARYA)

PRESIDENT

(NIPUR CHANDNA )                                                                                                         ( H.M. VYAS )

                  MEMBER                                                                                                            MEMBER