By: Sri Mohammed Musthafa Koothradan, Member
Brief of the case is that complainant and his friends had taken 4 train tickets from Kayamkulam to Tirur On 3/8/2011. The tickets was issued for the train No:12082 Janashadhabdi Express. The ticket had been issued at 15.06 hours. Then they started journey to Tirur. When they reached between Eranamkulam and Trissur, TTR came for checking the ticket. The TTR told the complainants tickets was invalid for train No 12082, It was for 12076 which had started in the morning, Then TTR compelled them to remit fare and penalty of an amount Rs.1588/-. The complainant and his friends had traveld with a valid ticket. But the opposite party mistakenly entered the wrong train number. Due to the act of oppposite party the complainant got heavy mental agony and financial loss. This is a clean deficiency of service in the part of opposite party. So the complainant prays for an amount of R1588/- as penal charge and Rs.98000/- for mental agony.
Opposite party filed version dening all the allegations and averments exept those which are specifically admitted here under. The complainants boreded train No12082 with a ticket reserved by another train No12076 for travel from Kayamkulam to Tirur. While checking the ticket the TTR noted the mistake and informed the complainants. The ticket was invalid and TTR informed the complainants to remit fair and penalty as per rules and issued EFT recipts. The action taken by the TTR was as per the rules and regulation. It is the responsibility of the pasenger to verify the ticket before leaving the counter. The train No was clearly mentioned in the tickets, anyone can early recognise the train for which it is issued. There is a clear negligence on the part of the opposite party. The honurable Forum may be pleased to dismiss the complainant with cost of opposite party.
Both sides evidence aducsed in the form of the affidavite and documents, Complainant filed 3 documents which are marked as ExtA1 to A3 opposite party filed one document which marked as Ext B1 complaint was examined as PW1.
The following points are considered in this matter:-
Point (a):- Whether any deficiency of service in the part of opposite party?.
(b):- If so what is the relief and cost.
Point (a):- There is no dispuet upon the complainants ticket. The ticket was issued by the opposite party. The Ext A1 ticket was issued on 3/8/2011 at 15.06 hours. And the Journey date was also 3/8/2011. We can't understand how the opposite party issued ExtA1 tickets at 15.06 hours for a train runing in the same day morning . There is a clean negligence in the part of opposite party for entering the train no date and time. What act the TTR had taken was correct, but the mistake had taken place in the ticket counter. By the act of opposite parties the complainant got much hardship while he was travelling. The very same day he had reported his difficulties in the form of a complaint before proper authority. It is immetarial whether replay has given for ExtA3 or not. The opposite parties must compensated the complainant
Point (b):- Opposite party must repay an amount of Rs.1588/- as an amount collected for fair and penality and give Rs.5000/- for mental agony with cost of Rs.1000/- as cost.
In this result we allow the complaint and ordered the opposite party to pay Rs.1588/- as an amount collected from the complainnat and 5000/- as mental agony Rs. 1000/- cost to the complaint. The order must realise within one month from receiving the order copy.
.Dated this 24th day of April 2012 .
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C.S. SULEKHA BEEVI, PRESIDENT
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MOHAMMED MUSTAFA KOOTHRADAN, MEMBER
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E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : PW1
PW1 : C. Prakasan
Documents marked on the side of the complainant : Ext.A1 to A3
Ext.A1 :Train ticket, original, dated 03-08-2011.
Ext.A2 : Copy E.F.T Recipt issued by the T.T.R dated 03-08-2011
ExtA3 : Carbon copy of the complaint filed by complainant in Tirur Railway station dated 03/08/2011.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : B1
Ext.B1 : copy to replay notice sent by opposite party to complainant, dated 19/08/2011
C.S. SULEKHA BEEVI, PRESIDENT
MOHAMMED MUSTAFA KOOTHRADAN,
MEMBER E. AYISHAKUTTY, MEMBER
