DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.317/2011
Shri Shiv Shanker
S/o Late Sh. Bindeshwari Prasad
C/o Shri Ramanand
H.No. 137, Mavi Mohalla,
Tekchand Village,
New Delhi-110020 ….Complainant
Versus
Northern Railway
Through the General Manager
Northern Railway Head Quarter,
Baroda House, New Delhi -110001 ….Opposite Party
Date of Institution : 05.09.11 Date of Order : 07.01.19
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
Naina Bakshi, Member
ORDER
The case of the complainant, in nutshell, is that the complainant is a “Orthopedically Handicapped” person and cannot travel without the assistance of an escort. The complainant had planned his journey from New Delhi to Sirsa and booked railway ticket in Haryana Express, Chair Car Class, confirmed seat No.C1-44 & C1-50 departure schedule on 30.08.08 at 18.25 O’clock. It is stated that the complainant alongwith his escort entered into the train at his reserved seat but the seat were occupied by some persons without confirmed ticket in the same class, they were not agreed to vacate the seat, while the complainant asked to T.T.E. but to no action was taken and the complainant reached upto Bhiwani in standing position while the complainant alongwith attendant faced lots of problem and humiliation at the hands of unauthorized person, who illegally occupied the seats and TTE. The official of the Railway Staff (guard) denied to produce the complaint register/book to the complainant for lodging his complaint even after number of request. It is submitted that the complainant return’s journey was booked and scheduled on 01.09.08 from Krishan Express in sleeper class, coach No.D-3 seat No.51-52 respectively but the said coach was not connected with this train which was scheduled from Sirsa to Delhi. The complainant was boarded on the said train in general class after asking to TTE and Station Master in this regard at Sirsa Railway Station but no one entertained the complainant even they have not provided any alternative remedy/solution. The complainant was not in this situation, to stay there because his necessary/compulsory assignment was fixed for tomorrow at Delhi. Due to this reason, the complainant alongwith his attended boarded on the same train from Sirsa to Delhi in general class. The complainant alongwith attendant under compelling circumstance boarded in general class of the said train and arrived at Delhi which caused immense mental agony and physical harassment to the complainant, who lodged a written complaint at Delhi Junction on 01.09.08 despite visits and requests of the complainant the OP did not give any satisfactory response and postpone the matter on one pretext or the other. It is submitted that the complainant spent whole of his journey in standing mode, no seat was available to the complainant therefore, he was unable to fulfill the advised of the doctor in a miserable situation cause joint of leg bone re-opened, which was operated previously and major fracture injury reoccurred that was re-operated by the team of doctors but bone did not join properly and it appear improper shape. The OP is sole responsible for this physical deformity as well as mental harassment including huge medical expenses of Rs.50,000/- incurred by the complainant. The complainant sent a legal notice on 1109.08 to the OP. The OP instead of complying with the notice sent a reply stating that “in this connection, it is advised that representation is being sent to Sr. Divisional Commercial Manager, Northern Railway, New Delhi for necessary action and sending reply directly to you”. It is submitted that till date no reply has been received from the OP. Hence, pleading deficiency in service on the part of the OP, the complainant has filed the present complaint for the following reliefs:-
- Direct the OP to pay a sum of Rs.3,11,000/- to the complainant plus sum of difference of reserved and general railway ticket.
- Direct the OP pay Rs.25,000/- to the complainant cost of litigation.
OP in the written statement has inter-alia stated that alleged incident held at Sirsa Railway Station which is situated in Haryana and the Sisra Railway Station is situated under the jurisdiction of North Western Railway, Jaipur, not in the jurisdiction of General Manager Northern Railwayand as such this Forum has no jurisdiction to entertain the complaint. The complaint is liable to dismissed on the ground of mis-joinder and non-joinder of the parties since Sirsa Railway Station falls under the jurisdiction of North Western Railway, Jaipur, not under the jurisdiction of GM/NR.It is submitted that the case is barred by limitation as the occurrence took place on 01.09.08 and the complaint filed by the complainant on 01.09.11. As per section 24 of the Consumer Protection Act, 1986 “the District Forum, State Commission, National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen”. Hence, the complaint is liable to dismissed on this ground. It is denied that the seats of the complainant were occupied by some other person without confirmed journey ticket. It is denied that TTE of the coach had not gave any response and the complainant reached it Bhiwadi in standing condition. It is denied that TTE and other officials denied to produce the complaint book to the complainant. It is submitted that the total faire is not collected from the handicapped and 75% concession is granted even the escort is also granted 75% concession and as can be seen from the tickets itself passengers are provided his allotted seat. It is submitted that the train from Sirsa to New Delhi is managed by staff of North Western Railway, Jaipur and the present Opposite Party is not correct party to answer as the complainant had not joined North Western Railway Jaipur as Opposite party. It is denied that the complainant spent whole of his journey in standing mode and no seat was available to the complainanttherefore he was unable to fulfill the advised of the doctor in a miserable situation cause of joint of leg bone reopened. It is denied that the OP is responsible for the same. OP has prayed for dismissal of the complaint.
Complainant has not filed replication/rejoinder to the written statement of the OP.
Complainant has filed her own affidavit in evidence. On the other hand, affidavit of Sh. P. C. Tirky, Asstt. Commercial Manager has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the parties. We have also gone through the file very carefully.
The complainant has filed a copy of disability certificate as Annexure-A. The complainant has filed a copy of ticket from Delhi to Sirsa and Sirsa to Delhi as Annexure-B. The complainant has filed a copy of complaint as Annexure-C. The complainant has filed the copies of medical papers as Annexure-D. The complainant sent a legal notice to the OP as Annexure-E. The OP vide letter dated 26.09.08 sent a letter to the complainant informing that “it is advised that your representation is being sent to Senior Divisional Commercial Manager, Northern Railway, New Delhi for necessary action and sent directly reply to you.”
The OP has relied on the judgment passed by the Hon’ble National Commission in the case of Union of India Vs. Niva Agrawal, Revision Petition No. 85/13 decided on 04.03.14 wherein it was held as follows:
“5 Perusal of record reveals that OP took specific plea in the written statement that District Forum had no jurisdiction as occurrence took place before arrival at Satna Railway Station which was not within the jurisdiction of East Central Railways and place of injury was falling under different zone of railway Learned District Forum should have decided question of jurisdiction and only after the complaint should have allowed. Learned District Forum has not dealt the aspect of jurisdiction in its order which was mandatory on its part. Learned State Commission while dealing with the aspect of jurisdiction held that Samastipur Consumer Forum had jurisdiction because complainant was permanent resident of Samastipur and was practicing Advocate there and she was not supposed to knock the door in far flung place in the given situation.”
The facts of the present case is totally different to the above judgment relied on behalf of the OP. As the OP themsles wrote a letter dated 26.09.08 to the complainant (Annexure-F) that the representation of the complainant is being sent to the Sr. Divisional Commercial Manager, Northern Railway, New Delhi for necessary action and sending reply directly to the complainant. The complainant did not receive any response from Northern Railway Delhi. It is clear from OP’s letter dated 26.09.2008 that the case was handled by the Northern Railway, New Delhi now OP is denying their liability to resolve the case due to jurisdiction which is not correct. It amounts to deficiency in service and unfair trade practice on the part the OP.
In view of the above special facts and circumstances of the case, we allow the complaint and direct OP to pay Rs.10,000/- in lumpsum to the complainant for causing mental agony and harassment to the complainant who is a handicapped person.
The order shall be complied within 30 days of receipt of copy of this order failing which OP shall become liable to pay interest @ Rs. 6% per annum on the amount of Rs.10,000/- from the date of filing of the complaint till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 07.01.19.
