Tamil Nadu

North Chennai

165/2013

P.T.Geotom, Advocate, - Complainant(s)

Versus

RThe Commercial Manager, Southern Railway, - Opp.Party(s)

V.Sathish

23 May 2017

ORDER

 

                                                            Complaint presented on:  26.08.2013

                                                                Order pronounced on:  23.05.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

TUESDAY THE 23^rd DAY OF MAY 2017

 

C.C.NO.165/2013

 

 

 

P.T.Geotom,

Advocate,

S/o.P.M.Thomas,

300/183, II Floor,

Thambu Chetty Street,

Chennai – 600 001.                                                        ….. Complainant

 

..Vs..

Chief Commercial Manager,

Southern Railways,

Park Town,

Chennai – 600 003.

	.....Opposite Party

Date of complaint                                 : 03.09.2013

Counsel for Complainant                      : V.Sathish

Counsel for    Opposite Party                   : Mr.K.Kumaran

 

 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant to direct the Opposite Party to replace and maintain the ATVMs and to pay compensation for mental agony with litigation expenses u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant is a practicing advocate in various courts in and around Chennai and including this Hon’ble Forum and to frequently use the EMU service of the Southern Railways for quick travel and convenience. In order to obtain tickets for various routes, the Complainant opted for ATVM placed in various railway stations in Chennai. In 2012, the Complainant purchased an ATVM smart card with No.SRO 121738 for purchase of tickets through  the ATVMs of the Southern Railways introduced for the convenience of dispensing the tickets automatically on a credited amount in the card. The Complainant has been using the said card for purchase of tickets to various routes in the EMU line of the Southern Railways. The Complainant states that while trying to purchase tickets through the ATVM, on several occasions, the Complainant had found that the ATVMs were not working properly and the same was reported orally to the station master.

          2. While so, on 15.02.2012 at around 6.30 pm, when the Complainant was travelling from Beach station to Kodambakkam station in order to get the tickets for the travel, the Complainant approached the ATVMs placed in the Beach Station, the Complainant found that one machine was not working and the other did not recognize his ATVM smartcard. Since the Complainant was in a hurry, the Complainant obtained the tickets standing in the long queue in the peak hours of evening and the Complainant orally complained to the Deputy Station Master who gave him an irresponsible and vague reply. The Complainant reached Kodambakkam railway station and he found that both the ATVMs placed there also did not work properly.

3. In order to find out that the Complainant’s smart card was working properly, the Complainant approached the railway station ticket issuing clerk and enquired about the status of the card and he replied that since no status was available, the Complainant will have to recharge the card to find out the same. Upon the same, the Complainant recharged the card and the Complainant was issued a receipt with No.CXAFWOO7 and to his utter shock, the Complainant found that the card was active and had a balance of Rs.212/-. The Complainant made a Complaint to the Station Master of Kodambakkam Railway Station, who gave him a counter foil with receipt No.406530 dated 15.02.2012 and assured him of rectifying the same and however no action was taken by the railways in repairing and maintaining the ATVMs in various stations. Since the Complainant unable to use the ATVMs cards on several occasions he suffered with shock and mental agony.  Hence the Complainant filed this Complaint to direct the Opposite Party to replace and maintain the ATVMs and to pay compensation for mental agony with litigation expenses.      

 

 

 

4. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The Complainant had purchased the ATVM Smart Card having No.SRO121738 on 19.06.2012 by paying amount of Rs.100/-. A bonus amount of Rs.2/- was immediately credited into his Smart Card account. After this, the Complainant had used his card only on 14.08.2012 for collecting ticket with fare of Rs.4/-. The Complainant had so far used the card 28 times and on all the occasions, he had collected tickets for his destination without facing any problem. The Complainant had lastly used the card on 14.08.2013. The ATVMs are also subject to preventive maintenance on regular basis by technical personnel. Barring few stations where only one ATVM is installed due to low volume of passenger traffic, most of the suburban Stations have at least 2 ATVMs in them for round the clock usage. Further, since the ATVMs are attached to the ticket counters, passengers have the option of purchasing tickets at the counters also, in case they are unable to follow the instructions in the display.

          5. The Railway Administration continuously monitors the performance of the ATVMs and in as much as the ATVMs are by themselves mostly trouble free, the possibility of external problems sometimes affecting the ATVM working like connectivity failure, power fluctuations, touch screen damage due to improper operation or by miscreants etc. could not be ruled out. In such situations, the railway administration takes immediate steps to rectify the problems and to restore the ATVM to working condition. During this period, the other ATVM in the station would meet the requirements of the passengers using Smart Cards. Also, the fact that about 19,000 tickets are issued every day by the ATVMs clearly shows that these machines function in the most satisfactory manner. Further, the ATVMs are covered by an Annual Maintenance Contract. On 15.02.2013, the ATVMs placed in Chennai Beach issued 1,334 tickets and at Kodambakkam 53 tickets. Therefore on 15.02.2013 by issuance of above said number of tickets proves that the ATVMs are working at both the stations on that day. The railway administration also sent a reply to the Complainant. Therefore the Opposite Party has not committed any deficiency in service and prays to dismiss the Complaint with costs.

6. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

7. POINT NO :1 

           It is an admitted fact that the Complainant purchased the ATVM Smart Card having number SRO 121738 on 19.06.2012 by paying an amount of Rs.100/- and the said amount was credited in his smart card account to travel in the EMU train and Ex.A1 is the copy of the smart card and the Complainant used the said card on 28 times and on 15.02.2013 he recharged for a sum of Rs.100/- and for the same Ex.A2 receipt issued showing a sum of Rs.212/- balance in his smart card account.

          8. The deficiency in service alleged by the Complainant against the Opposite Party is that on 15.02.2013, the Complainant smart card was not recognized at ATVM installed in the beach station and other machine did not work and hence the Complainant stood in the long queue for longer time and purchased ticket travelled to Kodambakkam and there also he found that the ATVMs were not working and due to delay in travel he also lost a good client.

          9. The Opposite Party denied that the ATVMs were not working on 15.02.2013 and contended that Ex.B1 and Ex.B2 are the proof that in both the stations ATVMs are worked and tickets have been issued to the public through such machines.

          10. Ex.B1 is the statement for ticket issued through ATVMs at Chennai Beach Railway Station on 15.02.2013. The Opposite Party also specifically pleaded in the written version that 1,334 tickets were issued at Beach Station through ATVM’s and the same have been proved through Ex.B1 statement for such number of tickets. Further the Complainant had also not denied in his proof affidavit that 1,334 tickets were issued on that day. Likewise as per Ex.B2 statement 53 tickets were issued through ATVMs installed in Kodambakkam Station. Therefore Ex.B1, Ex.B2 statements proves that on 15.02.2013 the ATVMs installed at Beach Station and Kodambakkam Station issued tickets further proves that the ATVMs are in working condition. Therefore the allegation of the Complainant that ATVMs were not working on 15.02.2013 on the aforesaid stations is rejected.

          11. The further deficiency on the part of the Opposite Party is that the Complainant lost his one of the good client. The Complainant returning home only after finishing his court work on that day and he had not detailed the particulars in the Complaint how he lost his good client  and hence the same is rejected. In view of the forgoing discussions the Complainant has not proved the deficiencies committed by the Opposite Party and as discussed above, it is held that the Opposite Party has not committed any deficiency in service.

 

 

 

12. POINT NO:2

Since the Opposite Party has not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 23^rd day of May 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated NIL                     Copy of the Smart Card

Ex.A2 dated 15.02.2013                   Copy of the Recharge Receipt

Ex.A3 dated 15.02.2013                   Copy of the Complaint to the Opposite Party

Ex.A4 dated 20.02.2013                   Southern Railway letter

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

Ex.B1 dated 15.02.2013                   Station Pair Statement of tickets issued through

                                                   ATVMs in Chennai Beach Railway Station

 

Ex.B2 dated 15.02.2013                   Station Pair Statement of tickets issued through

                                                   ATVMs in Kodambakkam Railway Station

 

 

 

 

MEMBER – II                                                               PRESIDENT