DEBASIS BHATTACHARYA, PRESIDING MEMBE
Date : 03.06.2016
This appeal is directed against order dated 09.09.2014 in CC No. 151/2014 passed by the Ld. District Consumer Disputes Redressal Forum, Kolkata, Unit-II(in short, District Forum). By the impugned order, the Ld. District forum has allowed the case.
The case of the Complainant is that she booked a railway ticket from the counter of the OPs in Train No. 12887 from Howrah Station to Puri on 07.01.2013 being PNR No. 631498936, Bogie No. S/1, Berth No. 1,4,& 7 for her along with her mother and sister, who are also senior citizens. Accordingly, they started journey from Howrah Station on 07.01.2013, but from the midnight, the other general passengers were also getting in the reserved bogie from various stations and it became overcrowded and the unreserved passengers even occupy the reserved berths of the Complainant and thereby caused disturbances to the Complainant for the whole night and the RPF did not attend for a single time, and as such the Complainant was compelled to complete the journey in sleepless condition for the whole night. After passing the Khurda Road Station at about 5.25 hours on 08.01.2013, suddenly one unknown person snatched the handbag from the shoulder of the Complainant and attempted to run away from the train and when the Complainant obstructed the miscreant, he pushed down the Complainant from the running train and she fell down into the open rail line and the train was in complete running condition, and at that time, her mother and sister tried to pull the chain, but there was absence of any chain in the berth side and other passenger pulled the chain and the train was stopped and the Complainant was carried in injured condition. For such pushing down, she sustained physical injury in her body, head, leg, knee, elbow etc., and her right side 6th rib of her chest cracked, for which she expended huge amount of money for her treatment and is still under treatment. Moreover, she suffered physical and mental harassment and pain, which can not be quantified and the 6th rib of her chest shall not rejoin, which is a great loss and the same shall not be compensated by money. She after reaching Puri Station duly lodged a complaint with the help of the TTI on 08.01.2013 and the loss of the articles and goods kept inside the handbag of the Appellant was also mentioned, but till date no effective steps have been taken by the OPs. She filed one complaint case before the Ld. District Forum, Kolkata Unit-II being Case No. CC/108/2013, which was filed inadvertently by adding South Eastern Railway as a party to the case, which was not proper and accordingly the said case was dismissed on 24.3.2014 by the Ld. District Forum by giving liberty to file the case again. As such, the present case.
On the other hand, the case of the OP Nos. 1 & 2 is that the allegation of the Complainant is absurd and far from the truth and there was no mark of any serious injury for the alleged falling down from the running train. Moreover, the alleged place of occurrence falls under the purview of the East Coast Railways and not the purview of Eastern Railway. So, the Eastern Railway is a mis-joinder and non-joinder to the issue. The robbery committed anywhere comes under the purview of law and order situation, which is being looked after by the State Government thereof. Furthermore, such matter relates to untoward incident and Railway Claims Tribunal has absolute jurisdiction to try the case. Accordingly, the case be dismissed.
It is to be considered if the impugned order is just and proper or requires to be interfered with in this appeal.
Decision with reasons
Ld. Advocate of the Appellant has submitted that the East Coast Railways takes the train to Puri from Howrah. But, wrongly order has been passed against the Appellant. He has referred to a decision of the Hon.ble Supreme Court in SLP (Civil) No.34738 – 34739 / 2012, in the case of Vijay Kumar Jain Vs. Union of India and Anr. and some decisions of the Hon’ble National Commission, namely, RP No. 2182/2010, RP No. 4449/2010, RP No. 858/2005. RP No. 95/2005, RP No. 2768/2013, and those reported in IV (2010) CPJ 191 (NC) and III (2010) CPJ 241(NC).
On the other hand, Ld. Advocate for the Respondent No. 1 has submitted that there has been RP 96/2013 before this Commission in the matter. Previously, one case was filed before the Ld. District Consumer Disputes Redressal Forum, Unit -11, Kolkata, and the same was withdrawn. This is the second complaint filed. He has referred to a certain decisions of the Hon’ble National Commission reported in III (2013) CPJ 469 (NC), I (1997) CPJ 20(NC), 2003 CTJ 196 (CP) (NCDRC) and 2003 CTJ 200 (CP) (NCDRC) and one decision of this Commission in FA/288/2009.
Ld. Advocate for the Respondent N o. 2 has also disputed the impugned order.
The matter has been properly dealt with the by the Ld. District Forum in discussing the case. It has a chequred history and the Complainant has to suffer much for the untoward incident. The dispute over the jurisdiction of a particular Railways can not hold good and all the Railway Zones fall under the Ministry of Railways, who are responsible on this account and the negligence and deficiency in service are much in light. Accordingly, the impugned order finding the fault of the OPs is a justified one. But, the imposition of punitive damage is not at all required in the case. Thus, the impugned order is modified to the extent that punitive damage @ Rs. 200/- per day is struck off. Other portions of the ordering portion of the impugned order do remain. Appeal is thus disposed of.
