IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM

Present:

Hon’ble Mr. Bose Augustine, President

        Hon’ble Mr. K.N. Radhakrishnan, Member

   Hon’ble Mrs. Renu P. Gopalan, Member

CC No. 227/12

Friday  the 30^th   day of October, 2015

Petitioner                                            :  Bush C.J

                                                              Choothukadavil,

                                                              Vazhoor Po, 18^th mile,

                                                              Kottaym Dist.

                                                            (Adv. Roy George & M.P. Varkey)

Vs

Opposite parties                                 : 1) The Station Master,

                                                                    Railway Station, Kottayam-1.

                                                            2) The General Manager,

                                                                    Southern Railway, Park Town,

                                                                    Chennai-600 003.

                                                            (OP 1 &2 Adv. A.J.Dominic)

                                                           3) The General Manager,

                                                                   Central Railway, Church Gate,

                                                                Bombay.

                                                           (Adv. A.J. Dominic)

O R D E R

Hon’ble Mr. Bose Augustine, President

The case of the complainant filed on 23-6-12 is as follows.

Complainant had booked Third A/C Class rail ticket from CST Railway Station, Mumbai to Ernakulam for the journey on 10-3-12 by paying Rs.1470/- as ticket charge.  The opposite parties issued ticket No.1142 3491, with PNR No.860-0586180 in Train No.12223.  On 10-3-12 the complainant boarded  the train from CST Mumbai Station.  According to the complainant during journey to Ernakulam on 11-3-12 at about 4 A.M while on sleeping he woke up on pain and feel that something is  bit.  And the complainant find out that a rat had bitten  on his left forefinger and he sustained deep wound, started bleeding.  The complainant informed the incident  to the T.T.E and it was recorded.  Then the train was reached Ernakulam station complainant approached the station master for treatment in the Railway Station Hospital.  But the station master is not willing to provide treatment stating that the time was too late and so there was no doctor or staff in the hospital.  And was advised by him that he will get proper treatment in Kottayam Railway Hosptial.  So the complainant continued the journey to Kottayam by Ernakulam – Kollam Passenger train and arrived at 8 PM at Kottayam station.  And contacted the station master Kottayam for getting treatment.  But he is also informed to the complainant that the time was too late and night.  And also advised to come back in the morning at 8 A.M.  So the complainant went to the S.H.Medical Centre, Kottayam for sudden treatment.  And on the next day morning at about 8 A.M the complainant met the station master Kottayam for better treatment.  But the station master Kottayam and other railway authorities demanded to produce records if any showing the rat bite for providing treatment.  According to the complainant, he have no other records other than the railway ticket.  So they refused to provide proper treatment from the part of railway authorities.  Then the complainant availed treatment from the S.H.Medical Centre Kottayam for one month.  According to the complainant the above said act of opposite parties amounts to deficiency in service.  Hence this complaint.

          All the opposite parties jointly filed version contenting that the complainant did not sustain rat bite from the train No.12223 on 10-3-12 or any other date.  And it was not reported to the T.T.E or any officer/employee in the said train on that date.  The complainant never approached the Railway Station Manager at Ernakulam on 10-3-12 at 5.45 P.M for getting treatment for rat bite and the said station master did not give any advice to the complainant to approach the Kottayam station manager or any officer of the railway at Kottayam for proper treatment.  And the complainant never approached the station manager/any officer of the  railway at Kottaym station for treatment for the alleged rat bite.  According to the opposite parties they had no knowledge about the treatment obtained by the complainant from the S.H.Medical Centre Kottayam and they are not responsible for the said treatment obtained by him.  According to the opposite parties there was no deficiency in service on the part of the Railway or the officers and the employees with respect to the journey of the complainant.  And the Railway never deny any service to the complainant and he is not entitled to get any relief claimed.  The opposite parties or the Railway are not liable to pay any amount as compensation to the complainant.  And the opposite parties are prayed for dismissal of the complaint with their cost.

Points for considerations are:

1. Whether there is any deficiency in service on the part of opposite parties?
2. Reliefs and costs?

Evidence in this case consists of the proof affidavit of the complainant and the 1^st opposite party.  And the deposition of the complainant as PW1 and Ext.A1 to A4 documents.

Point No.1

The case of the complainant is that he had sustained injuries by rat bite during his journey from Mumbai to Ernakulam in Train No.12223 on 11-3-12 at about 4 A.M.  The 1^st opposite party and Ernakulam station master, the employees of the Railway worked under the control of the 2^nd and 3^rd opposite  party has not provide treatment to the complainant. So the complainant availed treatment from the S.H Medical Centre Kottayam. According to the opposite parties the complainant did not sustaine any injuries by rat bite during train journey and he was not reported the incident to the TTE or any officer/employees in the train.  And the complainant never approached the 1^st opposite party and the Ernakulam station Manager of the Railway for treatment.  Complainant produced the railway ticket and the same is marked as Ext.A1.  From Ext.A1 it can be seen that the said ticke is for the journey in train No.12223 on 10-3-12 from Lokamanyatilak to Ernakulam junction.  The journey of the complainant was not disputed by the opposite parties.  The only dispute is that the incident was not reported by the complainant with the Railway authorities and the said injuries was not sustained from the train.  According to the complainant after arriving at Ernakulam he had approached the Ernakulam station Manager for treatment and as per the advice he continued his journey to Kottayam in Ernakulalm – Kollam passenger train.  On arriving the said train at Kottaym at about 8 P.M, he had informed   the incident of rat bite and demanded treatment.  But the Kottayam station master advised to come back in the next day morning.  So he obtained sudden treatment from the S.H Medical Centre Kottayam and come back to the Railway station in the next morning as directed and demanded treatment.  But the Kottayam station master of the Railway demanded to produce any records showing the rat bite. Ext.A2 is the medical certificate issued by Dr.N.Srinivas, Consultant Medical Officer, S.H. Medical Centre Kottayam.  From Ext.A2 it can be seen that on

11-3-12 the complainant was treated for the injuries sustained by rate bite.  Ext.A3 is the copy casusality record from the S.H.Medical Centre, Kottayam.   From Ext.A3 it can be seen that the complainant was reached at the hospital on

11-3-12 at 8.25 P.M and history of the injury is recorded as rat bite.  Moreover in Ext.A4 bill issued by SH Medical Centre is dated 11-3-12.  The journey of the complainant from Ernakulam to Kottayam in Ernakulam – Kollam Passenger train on that day and the arrival of the said train at Kottayam station at 8 p.m was not disputed by the opposite parties.  So in our view the case of the complainant that during journey in the train he had sustained injury by rat bite is true and opposite parties failed to provide the proper treatment to the complainant.  So in our view the act of opposite parties in not providing proper treatment, amounts to deficiency in service.  Due to the said act of the opposite parties complainant had suffered much mental pain, loss and suffering.  So he is to be compensated.  Point No.1 is found accordingly.

Point No.2

In view of the findings in Point No.1 complaint is allowed.

In the result,

1. The opposite parties are ordered to pay Rs.10,000/- as   compensation  including the treatment expenses, to the complainant.
2. The opposite parties are ordered to pay Rs.3000/- as this litigation cost to the complainant.

The Order shall be complied with within 30 days from the date of receipt of copy of the order.  If not complied as directed the award amount will carry 15% interest from the date of order till realization.

Pronounced in the Open Forum on this the 30^th day of October, 2015.

Hon’ble Mr. Bose Augustine, President             Sd/-

 Hon’ble Mr. K.N. Radhakrishnan, Member     Sd/-

Hon’ble Mrs. Renu P. Gopalan, Member          Sd/-

Appendix

Documents for the petitioner

Ext.A1-The railway tickets bearing No.11423491(PNR No.860-0586180

            of train No.12223)

Ext.A2-Medical certificate obtained from SH Medical Centre, Kottayam.

Ext.A3-Casuality Records obtained from S.H.Medical Centre, Kottayam.

Exty.A4- Medical Bills.

Witness

PW1- Bush C.J

By Order,

                                                                                                                                                                                         Senior Superintendent