KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM

 APPEAL. 781/12

JUDGMENT DATED: 07.02.2014

PRESENT : 

JUSTICE SHRI. P.Q. BARKATHALI                        :  PRESIDENT

SHRI.V.V. JOSE                                                                   : MEMBER

The Divisional Commercial Manager,

Southern Railway,Thycaud,                                                       : APPELLANT

Thiruvananthapuram.

(By Adv: Sri. S. Renganathan)

            Vs.

P.J.Kurian,

Puthanparambil House,                                                               : RESPONDENT

East of Chungam Bridge, Alappuzha.

(By Adv: Sri.V.N. Gopalakrishnan Nair)

JUDGMENT 

JUSTICE SHRI. P.Q. BARKATHALI:  PRESIDENT

This is an appeal filed by the opposite parties, Railways in CC.74/12 on the file of CDRF, Alappuzha challenging the order of the Forum dated, June 22, 2012 directing the opposite parties to refund the ticket charge of Rs.291/- and to pay a compensation of Rs.50,000/- and a cost of Rs.2000/-

2.      The case of the complainant as testified by him as PW1 before the Forum and as detailed in the complaint in brief is this:-

Complainant reserved 3 seats in Guruvayur Chennai Express train bearing No.16128.  The departure time of the train was on January 28, 2012 at 12.45 in the night.  When the complainant along with his friends reached this railway station it was found that door of the D3 compartment wherein the seats were reserved found locked from inside.  Complainant sought to help of the Railway Police Protection Force who didn’t do anything.  The complainant and his friends could not travel in that train and they could not attend the business meeting at Madhurai.  Complainant lodged a complaint with the Station Master, Harippad.  But no action was taken.  Therefore complainant filed this complaint claiming refund of the ticket and compensation.

3.      The first opposite party is Southern Railway, Chennai represented by its General Manager.  Second opposite party, Senior Divisional Manager, Southern railway, Thiruvananthapuram.  Third opposite party is Chief Commercial Manager and 4^th opposite party is the Station Master of Harippad Railway station.  They in their version contended thus:-

4.      The halting time of the train at Harippad railway station is only  3 minutes.  Other passengers boarded and disembarked in Harippad station.  None of them have complained about the locking of compartment door.  The complainant must have reached the railway station very late.  Therefore complaint has to be dismissed.

5.      Complainant was examined as PW1 and Exts.A1 to A3 were marked on their side. No evidence was adduced by the opposite parties.  On an appreciation of evidence the Forum accepted the case of the complainant and allowed the complaint and directed the opposite parties to refund Rs.291/- being the ticket charge and compensation of Rs.50,000/- and a cost of Rs.2000/-.   Opposite parties have come up appeal challenging the said order of the Forum.

6.      Heard both the counsels.

The following points arise for consideration:-

1.   Whether there was any deficiency of service on the part of the opposite parties?

2.   Whether the impugned order of the Forum can be sustained?

7.      Complainant testified in a convincing manner before the Forum in support of his case.  It is admitted that he had booked 3 tickets in Guruvayur Chennai Express bearing No.16128 for going to Madhurai.  He would say that on 28^th January, 2012 when he reached the Harippad Railway station the door of the compartment was locked from inside and the railway protection force personnel’s did not do anything and therefore he was not able to travels in that train.  Nothing was brought out in his cross-examination to dis-credit his evidence on this aspect.  Case of the complainant is proved by Ext.A2 and A3 complaints filed by him before the 4^th opposite party Station Master of the Harippad Railway station.  The 4^th opposite party has not chosen to come forward to deny the same.  Though it was contended by the opposite parties that complainant must have reached the railway station belatedly it was not proved.  Therefore we are of the view that the Forum is perfectly justified in believing the evidence of PW1 and coming to the conclusion that there was clear deficiency of service on the part of the opposite parties.  The finding of the Forum on this point is confirmed.

8.      The Forum has directed the opposite parties to refund the ticket charge of Rs.291/- and to pay a compensation of Rs.50,000/- and a cost of Rs.2000/-.  We find no reason to interfere with the said finding of the Forum.

In the result we find no merit in this appeal and the same is hereby dismissed with a cost of Rs.5000/-.

JUSTICE P.Q. BARKATHALI:  PRESIDENT

V.V. JOSE : MEMBER

VL.