Jammu and Kashmir

Jammu

CC/404/2017

TALAT KHAN - Complainant(s)

Versus

NORTHERN RAILWAY - Opp.Party(s)

ZN SHEIKH

31 Mar 2018

ORDER

DISTRICTCONSUMERDISPUTES REDRESSAL FORUM,JAMMU

           (Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File No.               :  238/DFJ                

 Date of  Institution   :  10-09-2016                

 Date of Decision        :  19-03-2018

 

Talat Khan,

S/O Late Sh.S.M.Khan,

R/O H.No.482,Talab Khatikan,

Jammu.

                                                                                                                                                Complainant

                      V/s

1.Northern Railway,Baroda House,

   New Delhi through its General Manager.

2. The  Northern Railway,Ferozpur Cantt.

   Ferozpur  through its Divisional Railway Manager(DRM).

3.The Public Relation Office, Northern Railways,

  NDCR Building,State Entry Road,   New Delhi,

  Through its Public Relations Officer.

                                                                                                                                      Opposite parties

CORAM

                  Khalil Choudhary            (Distt.& Sessions Judge)   President

                  Ms.Vijay Angral                                                               Member

                  Mr.Ghulam Sarwar Chauhan                                       Member

 

In the matter of Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

 

Mr.Z.N.Sheikh,Advocate for complainant, present.

Mr.Baldev Singh,Advocate for OPs,present.

                                                                              ORDER

                    Complainant feeling aggrieved for deficiency in service on the part of Ops,approached this Forum by way of complaint in hand. Grievance of complainant in short is that complainant is a Professor in Higher Education Deptt. he booked a train ticket for journey from Udhampur to Delhi on, 24-12-2015 scheduled for departure at 19.20 Hrs.and the said ticket was booked for train bearing No.22402/UHP DEE AC SUP bearing PNR No.2758114279 under Class of travel 3A and the said reservation was also confirmed, copy of ticket is annexed as Annexure-A.According to complainant, when he reached at Jammu Tawi Railway Station on,24-12-2015 at around 6.30 pm to board the train from Jammu, when he was travelling from Jammu to Delhi, he was surprised to notice that Bogey/Compartment bearing No.BE-1 in which he had got reservation was not attached with the concerned train. Complainant further submitted that he enquired from the concerned authorities with regard to the same, but they refused to help and convey him that the said Bogey had not been attached from Delhi itself and they can do nothing about the same and he was compelled to board the train, but was without any seat/accommodation and had to travel all the way to Delhi while standing near the area of toilet in adjoining bogey which was already reserved for other passengers, since he was going to attend a marriage function, he had no other option but to board the train ,as such travelled without any seat. Constrained by the act of Ops,complainant served legal notice through counsel to the Ops seeking compensation to the tune of Rs.5.00 lacs for loss and mental agony caused to him and upon receipt of notice, a communication bearing No.9PRMISC/Legal Notice/2016 dated 28-01-2016 was issued from the Office of Chief Public Relation Officer to Chief Commercial Manager, Northern Railway Headquarters Office, Baroda House, New Delhi, a copy whereof was provided to him, but no heed was paid by the Ops to redress his  grievance, copy of notice alongwith communication is annexed as Annexure-B.Complainant further submitted that he had not only suffered financial loss, but also mental harassment and agony and this act of Ops constitutes deficiency in service .Hence the present complaint. In the final analysis, complainant prays for an amount of  Rs.5.40 lacs alongwith interest @ 18% from the date the amount was due till its realization.     

                On the other hand,Ops filed objections and resisted the complaint on the ground  that the present complaint against the Ops is not maintainable as they are functionaries of the Railway Administration, which is owned by Union of India. That this Forum has no jurisdiction to try the present complaint against the Ops as after the enforcement of The Railway Tribunal Act,1987 which is enforced with effect from 23^rd December,1987 i.e. much after enforcement of Consumer Protection Act and Sec.13 of the said Act gives the jurisdiction to the tribunal constituted under it to deal such like cases as the complainant has projected in the present complaint. Hence in view of the formation of tribunal under Rly,Claims Tribunal Act,1987 ,this Forum has no jurisdiction to deal the matter. That  Section 15 of the Railways Claims Tribunal Act,1987 debars all other authorities to entertain such petition under reply, hence the complaint is liable to be dismissed because of lack of jurisdiction.

                       Complainant adduced evidence by way of duly sworn evidence affidavit and affidavits of Sunaina Gupta and Richa Vats,respectively.Complainant has placed on record copy of Electronic Reservation Slip, copy of notice and copy of communication.

                 We have perused case file and heard L/Cs for the parties at length.

                  Briefly stated, case of complainant is that he booked a train ticket from Udhampur to Delhi on, 24-12-2015 scheduled for departure at 19.20 Hrs.and the said ticket was booked for train bearing No.22402/UHP DEE AC SUP bearing PNR No.2758114279 under Class of travel 3A and the said reservation was also confirmed. According to complainant, when he reached at Jammu Tawi Railway Station on,24-12-2015 at around 6.30 pm to board the train from Jammu, when he was travelling from Jammu to Delhi, he was surprised to notice that Bogey/Compartment bearing No.BE-1 in which he had got reservation was not attached with the concerned train. Complainant further submitted that he enquired from the concerned authorities with regard to the same, but they refused to help and convey him that the said Bogey had not been attached from Delhi itself and they can do nothing about the same and he was compelled to board the train, but was without any seat/accommodation and had to travel all the way to Delhi while standing near the area of toilet in adjoining bogey which was already reserved for other passengers, since he was going to attend a marriage function, he had no other option but to board the train ,as such travelled without any seat. Constrained by the act of Ops,complainant served legal notice through counsel to the Ops seeking compensation to the tune of Rs.5.00 lacs for loss and mental agony caused to her and upon receipt of notice, a communication bearing No.9PRMISC/Legal Notice/2016 dated 28-01-2016 was issued from the Office of Chief Public Relation Officer to Chief Commercial Manager, Northern Railway Headquarters Office, Baroda House, New Delhi, a copy whereof was provided to her, but no heed was paid by the Ops to redress her  grievance. Complainant further submitted that he had not only suffered financial loss, but also mental harassment and agony and this act of Ops constitutes deficiency in service

                    In order to substantiate his allegations, complainant filed his own duly worn evidence affidavit and the complainant has corroborated and supported the contents of complaint, therefore, same need no reiteration. Complainant has also produced copy of railway ticket, copy of legal notice and communication thereto dated 28-01-2016 by Chief Public Relations Officer to Chief Commercial Manager, Northern Railway Headquarters Office Baroda House, New Delhi.

               It is to be noted that veracity of documents produced by complainant has not been disputed by Ops. On the other hand, despite Ops were granted numerous opportunities to support its version by leading evidence, but it failed to lead iota of evidence in support of its version.Therefore,version of OPs went unsubstantiated, unsupported and uncorroborated by cogent evidence, so much so, written version filed by Ops is not supported by affidavits of OPs,therefore,same being bereft of  legal strength, hence, cannot be read in evidence.

                     We have minutely perused legal notice sent by the complainant through his counsel and also communication thereto by Chief Public Relations Officer to Chief Commercial Manager, Northern Railway Headquarters Office Baroda House, New Delhi. Communication dated 28-01-2016 by Chief Public Relations Officer to Chief Commercial Manager, Northern Railway Headquarters Office Baroda House, New Delhi  categorically proceeds on the premise that legal notice has been received and same has been entrusted to concerned authorities for necessary action.Ops did not question the validity of communication dated 28-01-2016,which has been issued from the office of Chief Public Relations Officer Chief Commercial Manager, Northern Railway Headquarters Office Baroda House, New Delhi.

                   It is to be further noted that although complainant has supported his allegations by documentary evidence, but from the stand taken by Ops which is prevaricating in its nature, it becomes abundantly clear that the Ops have just tried to wash off their hands to own the responsibility, despite having received complaint, but tried to run from their responsibility, just by passing the buck.

                 The Ops have conducted themselves before the Forum in such a manner, same has rather strengthened the case of complainant and further reinforced persuasive value of contentions put forth by the complainant, to the effect that Ops failed to redress the grievance of complainant. Therefore, we hold that complainant succeeded in making out a case of deficiency in service, on the part of Ops,in view of prevaricating stand taken by OPs and also evasive denial by them.

                      Therefore, in view of the aforesaid discussion and after perusing the record of the case, complaint is accordingly allowed and we direct the OPs to pay Rs.20,000/-as compensation on account of mental agony and harassment meted out to complainant and sum of Rs.10,000/-quantified towards litigation charges. This order shall be complied with by OPs within one month from date of receipt of this order .Copy of this order be provided to the parties free of charge. The complaint is accordingly disposed of and file be consigned to records after its due compilation.

Order per President                                     Khalil Choudhary

                                                                (Distt.& Sessions Judge)

                                                                        President

Announced                                            District Consumer Forum

19-03-2018                                                     Jammu.

 

Agreed by                                                                

      

Ms.Vijay Angral          

  Member                                                                                              

.               

 Mr.Ghulam Sarwar Chauhan

Member