Kerala

StateCommission

A/15/367

THE DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAYS - Complainant(s)

Versus

PRINCE THEKKAN - Opp.Party(s)

S RENGANATHAN

10 Aug 2015

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION SISUVIHARLANE VAZHUTHACADU THIRUVANANTHAPURAM

 

ORDER IN IA.NO.697/15 IN APPEAL NO.367/2015

ORDER DATED : 10.08.2015

 

(This appeal filed against the order in CC.No.737/14 on the file of CDRF, Thrissur order dated : 20.03.2015)

 

PRESENT

 

SRI.K.CHANDRADAS NADAR     : JUDICIAL MEMBER

SMT.A.RADHA                               : MEMBER

SMT.SANTHAMMA THOMAS      : MEMBER

 

APPELLANTS

 

1. The Divisional Commercial Manager,

Southern Railways,

Thycaud, Thiruvananthapuram – 695 014

 

2. The Station Master,

Southern Railway,

Chalakkudy,Thrissur

 

3. The Area Manager,

Southern Railway, Ernakulam

 

(By Adv.Sri.S.Renganathan)

 

Vs

 

 

RESPONDENT

 

Prince Thekkan,

Thekkan (H),

Santhipuram,

Meloor.P.O

Thrissur

 

 

 

ORDER

 

SRI.K.CHANDRADAS NADAR     : JUDICIAL MEMBER

 

This appeal is filed along with an application to condone the delay of 56 days in preferring the appeal. Though the respondent / complainant was served with notice, he failed to appear. Hence the learned counsel for the appellants was heard on the question of condonation of delay. It is seen that the complainant was travelling in the memu train run by the southern railway from Palakkad to chalakkudy on 27.04.2014. Just before reaching Ottappalam station a boy who was sitting near the passenger vomited and the cloths worn by the complainant were soiled. But he could not find not even a drop of water in the wash basin or in the toilet of the train. He was compelled to travel up to Chalakkudy the destination point in that condition. Hence the consumer approached the forum alleging deficiency in service. In response to notice the opposite parties failed to appear and the consumer forum as per order dated 20.03.2015 ordered the opposite parties to pay compensation of Rs.10,000/- and cost of Rs.2500/- for the deficiency in service committed by them.

          2.      The strange reason alleged in the appeal memorandum and the application to condone the delay in filing the appeal is that the General Manager, Railways is not impleaded as a party and due to his non inclusion in the party array, the appellants could not properly contest the complaint in the consumer forum. They were unaware of the order passed for the same reason. The first opposite party is the Station Master, Southern Railway, Chalakkduy and the second opposite party is the area manager, southern railway. These are responsible officers of the Indian Railways involved in the operation of passenger trains as well. Even if the General Manager of Indian Railways is not made a party, that is no reason for them not to appear or contest the case before the consumer forum. It is also no reason to commit delay in filing the appeal. There is no denial of the factual allegation that they failed to provide not even a drop of water in the memu train operated by them. So there is not only no merit in the appeal, the appellants miserably failed to explain the delay in filing the appeal. Accordingly, IA.No.697/15 to condone the delay in filing the appeal is dismissed and consequently the appeal is also dismissed.

K.CHANDRADAS NADAR   : JUDICIALMEMBER

 

•  

 

 

SANTHAMMA THOMAS: MEMBER

Be/

 

 

 

 

 

 

 

 

KERALA STATE

CONSUMER DISPUTES

 REDRESSAL COMMISSION

 SISUVIHARLANE

VAZHUTHACADU

 THIRUVANANTHAPURAM

 

ORDER

 IN

 IA.NO.697/15

 IN

 APPEAL NO.367/2015

ORDER DATED : 10.08.2015

 

 

                                                                                                                                                 BE/