Madhya Pradesh

StateCommission

FA/13/1138

TAHAR HUSSAIN - Complainant(s)

Versus

RAILWAYS - Opp.Party(s)

03 Apr 2019

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BHOPAL

PLOT NO.76, ARERA HILLS, BHOPAL

 

                             FIRST APPEAL NO. 1138 OF 2013

(Arising out of order dated 07.06.2013 passed in C.C.No.30/2011 by the District Forum, Harda)   

 

TAHIR HUSSAIN,

S/O LATE SHRI HAZIMULLA MUZAFFAR HUSSAIN,

R/O BOHRA MASJID, NEAR JAIPUR TENT HOUSE,

GANDHI CHOWK, HARDA (M.P.)                                                                            …          APPELLANT.

 

Versus

 

1. THE GENERAL MANAGER,

    WESTERN CENTRAL RAILWAY, JABALPUR (M.P.)

 

2. DIVISIONAL RAILWAY MANAGER,

    WESTERN CENTRAL RAILWAY,

    BHOPAL RAIL DIVISION,

    BHOPAL (M.P.)                                                                                                    ….          RESPONDENTS.                                                                      

 

BEFORE:

                  HON’BLE SHRI JUSTICE SHANTANU S. KEMKAR     :    PRESIDENT

                  HON’BLE DR. (MRS) MONIKA MALIK                          :    MEMBER     

         

COUNSEL FOR PARTIES :

      Ms. Mona Paliwal, learned counsel for the appellant.

      Shri Rajeev Jain, learned counsel for the respondent.

                                                                   

                                                            O R D E R

                                       (Passed On 03.04. 2019)

                   The following order of the Commission was delivered by Justice Shantanu S. Kemkar, President:

 

                   This appeal under Section 15 of the Consumer Protection Act, 1986 (for short the ‘Act’) is filed by the appellant/complainant challenging the order dated 07.06.2013 passed by the District Consumer Disputes Redressal Forum, Harda (for short the ‘Forum’) in C.C.No.30/2011.

2.                     The complainant had filed a complaint before the Forum stating therein that on 14.01.2011 he had reserved ticket for travelling in Train No.11077 Pune-Jammutavi Jhelum Express from Harda to Bhopal.  When the said train arrived at Harda Railway Station he searched coach no. S-1, in which he had reservation of berth no. 65 as per ticket PNR No.815-1164117.  According to him no coach displaying S-1 number was found. In the circumstances, he had to enter into coach no. S-2.  After boarding the coach no. S-2, he tried to reach coach no. S-1 but could not reach to coach no. S-1, as the door in between the coaches was closed.  When the train stopped at Itarsi Junction, he got down and entered in S-1

-2-

coach.  On reaching at his berth number 65 he found some other passenger was sitting on it.  After great efforts he got the berth vacated and sat over it.  Alleging deficiency in service for the said inconvenience caused to him the complainant filed complaint case and claimed compensation of Rs.15,500/- from the respondent Railways.

3.                     The respondents/opposite parties filed reply and denied the allegations levelled in the complaint.  It has been stated that on 14.01.2011 on the enquiry counter E.C.R.C one Shri M.S.Bhadoria was present.  Reserved Chart Coach Position was published on the notice board. Coach position was displayed on the display board of the platform.  Coach numbers were exhibited on both sides of the coach including coach no. S-1. The train was having pantry car and the coaches were interconnected through vestibules.  There was no hurdle for complainant to go from Coach no. S-2 to Coach no. S-1.  The allegation of the complainant that at Harda Railway Station, the door of coach no. S-1 was closed from inside was also denied. 

4.                     The Forum after considering the pleadings and the evidence led by the parties, by the impugned order dismissed the complaint.

5.                     Heard learned counsel for parties and perused the record.  

6.                     Undisputedly, for the alleged inconvenience caused to the complainant on 14.01.2011 no complaint was made by him to the staff available in the train.  The complainant did not make any complaint to the staff available at Bhopal Railway Station nor he entered any complaint in the Complaint Book available at Railway Station immediately after getting down the train at Bhopal Railway Station.  Moreover, even assuming that on 14.01.2011 after getting down the train at Bhopal the appellant had some urgent work and had to reach the court, he could have made the complaint after getting his work finished or within reasonable time, but instead he made a complaint for the first time after more than one month i.e. on 17.02.2011.  This lodging of delayed complaint and in not making

 

-3-

immediate grievance to the staff available in the train or at Railway Station, Bhopal led the Forum to dismiss the complaint.

7.                     We find no infirmity in the view taken by the Forum. The complaint has rightly been dismissed.

8.                     We accordingly dismiss the appeal.

 

     (Justice Shantanu S. Kemkar)               (Dr.Monika Malik)   

                   President                                           Member