Date of filing : 25-04-2012
Date of order : 08-06-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.121/2012
Dated this, the 8th day of June 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Shajid Kammadam, S/o.C.A. Razak, } Complainant
Indian Inhabitant, R/at Kammadam House,
Nileshwar.671314 In Perole Village of
Housdurg Taluk.
( In Person)
Railway Commercial Clerk, } Opposite party
Kasaragod Railway Station, Kasaragod.
(In Person)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
Shorn of all unnecessaries the case of complainant is that the opposite party is insisting him to sign some declaration not in prescribed manner as a pre-requisite for taking fresh season ticket to travel by train in the route Nileshwar-Kasaragod. According to him such a declaration is not mandated in any of the railway rules and therefore it is illegal.
2. According to Divisional Commercial Manager, Southern Railway, Palakkad who prepared and signed the version on behalf of the opposite party the Railway Commercial clerk, Kasaragod Railway Station the complaint is bad for non-joinder of General Manager and Chief Commercial Manager, Southern Railway, H.Q office, Park Town Chennai 600003 to the authorities who controls and manages the commercial activities of the Zonal railway and Senior Divisional Commercial Manager, Southern Railway Palakkad Division, Palakkad who regulates and manages the commercial activities of Palakkad Division.
3. The Railway commercial clerk, the opposite party herein is not vested with any power in the commercial activities of the Railway Administration other than the duties entrusted to him from time to time and therefore he is not the proper opposite party. The cause for obtaining such declaration was necessitated due to indiscriminate misuse of the facilities of First Class Season Ticket holders by traveling in reserved first class coaches in which the first class season ticket journey is not permitted as stated in the season ticket itself. Besides the first class season ticket holders had pick up quarrel with the ticket checking staff and also with the passengers who had planned in advance their journey in first class coaches. At present a Writ Petition is pending before the Hon’ble High Court of Kerala by the First Class Season ticket holders Association, Kozhikode challenging the order issued by Divisional Railway Manager (Commercial) Southern Railway Palakkad (DMR/C/PGT) regarding the issue of first class season tickets.
The Forum is not vested with the power to decide whether a rule made by the respondent by the Railway Administration as per the provisions of Section 60 of Railway Act 1989 chapter No.8 is maintainable or not.
The demand to fill up and submit the declaration form for the issue of first class season tickets is not arbitrary and there is no harassment as alleged in the prayer. The opposite party hired only to implement the formalities/guidelines in vogue for issue of first class season tickets. The complainant himself is responsible for not getting enrolled himself as an authorized first class season ticket holder duly complying the formalities and no denial of issuing of first class season ticket by the opposite party. Hence according to the opposite party the complaint is liable to be dismissed.
4 Both sides heard the documents produced by the complainant marked as Ext.A1 & A2. The opposite parties produced Exts B1 to B3 in support of their contentions.
5. The following are the points arises for consideration:-
1. Whether demanding the declaration form as per the circular issued by the
railway authority is legal & whether it amounts to deficiency in service ?
2. What relief as to costs & compensation?
6. According to the complainant Sri.Shajid Kammadam asking to fill up a declaration is without any lawful authority and hence it amounts to deficiency in service.
According to opposite party the declaration is necessitated due to the indiscriminate misuse of the facilities by First Class Season Ticket holders by traveling in reserved coaches and the same is obtained as per Exts B1 & B2 letters. Proforma of declaration is marked as Ext.B3. According to opposite party they have the authority to issue such circulars or rules as per Sec.60 of the Railway Act.
7 We carefully perused Sec.60 of the Railway Act 1989. Sec.60 says that the Central Government may by notification make rules to carry out the purpose of this chapter such rules for all or any of the following matters.
a) the convenience and accommodation(including the reservation of seats or
berths in trains) to passengers’
b) the amount of refund for the cancellation of a ticket.
c) the circumstances under which changes of names of passengers, having
reserved seats or berths, may be permitted;
d) the carriage of luggage and the conditions subject to which luggage may be kept
in the cloak-rooms at the stations’
e) diseases which are infectious or contagious;
f) the conditions subject to which a railway administration may carry passengers
suffering from infectious or contagious diseases and the manner in which
carriage used by such passengers may be disinfected;
g) generally, for regulating the travelling upon, and the use, working and
management of the railways.
8. From a bare reading itself it is clear that the railway authorities shall notify the said rules made as per the powers conferred under this chapter.
9. The opposite party has no case that the circular issued as per that every season ticket holder has to submit the declaration form is a notified rule. In the absence of such a notification, the circular is illegal and unsustainable in the eye of law and therefore it is legally unenforceable. Moreover, the season tickets issued itself contain an endorsement in which it is specifically mentioned that ‘VALID BY UNRESERVED FIRST CLASS ONLY’ since such an endorsement is made on every season tickets it is quite unnecessary to obtain Ext.B3 declaration. Therefore we are of the opinion that non issuance of fresh season tickets for want of Ext.B3 declaration is a deficiency in service on the part of opposite party.
In the result, complaint is allowed and opposite party is directed to issue a fresh first class season ticket of the complainant without asking any declaration form. In the circumstances there is no order as to costs. Sent a copy of the order to Divisional Commercial Manager, Southern Railway, Palghat.
Sd/- Sd/- Sd/-
MEMBER MEMB ER PRESIDENT
Exts
A1 & A2 Tickets issued by opposite party.
B1.28-03-2012. Copy of letter.
B2. 21-03-2012 Copy of letter.
B3. Declaration to be furnished at the time of purchase of first class season ticket.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
