Per Shri Atul D. Alsi – Hon’ble President.

              Shri. Sudhir Rathod had taken journey cum reservation ticket for two persons including complainant for journey from Raigarh to Pune n train No.12130, Azad Hind Express having PNR No. 611-1612148, Date of Journey – 18/11/2012, Berth B3-26 & 27.   The above ticket were booked at Gondia and were the conformed ticket of three tire A/c coach.

2.            Subsequently on dated 05/11/2012, the complainant through his father had given written application for change of boarding from Raigarh to Gondia, as complainant unable to start journey from Raigarh due to some personal difficulty.  The concerned clerk of O.P.No.2 had informed to father of complainant that as per application boarding was changed from Raigarh to Gondia.

3.            On dated 15/11/2012, the complainant had checked his ticket on internet and was surprised to see that his above mentioned journey ticket was showing wrong boarding station i.e. from Raipur in place of Gondia.  The complainant had immediately contacted with officer of O.P.No.2 i.e. Chief Reservation Supervisor, Gondia and informed about mistake about boarding station.

4.            As per letter dt. 11/01/2013, the concern Chief Reservation Supervisor, Gondia namely Shri. L.C.Sahu had informed to complainant that after receipt of complaint about mistake boarding station on dated 15/11/2012, message was conveyed to P.R.S., Raipur and P.R.S. Bilaspur on railway phone on dated 16/11/2012 & 17/11/2012, for correction in chart so that the complainant can board and travel from Gondia.  That, concern Chief Reservation Supervisor, Gondia namely Shri. L.C.Sahu had further informed to complainant’s father that he had received conformation massage from Raipur station regarding correction in boarding chart of train and further assured that now complainant can board in train at Gondia railway station.

5.            On date of journey i.e. dt. 18/11/2012, as per schedule of reservation, the complainant had boarded in Azad Hind Express train at Gondia railway station in coach B-3 berth No. 26 & 27.  The complainant was shocked to see that O.P.No.3 had allotted berths of complainant to R.A.C. passengers after Raipur Station in spite of due receipt of message from O.P.No.2 regarding correction of boarding.

              After inquiry the complainant had came to know that the O.P.No.3 had allotted berths of complainant to R.A.C. passengers by taking extra fair.

6.            The complainant had suffer inconvenience and harassment due to deficiency and inefficiency in service rendered by concern Chief Reservation Supervisor, Gondia namely Shri. L.C.Sahu of O.P.No .2 and concern T.T.I. namely Shri. Nasir  Khan (Junior) i.e. O.P.No.3.   The above act of O.PO.No.3 amounts to deficiency in service.  That, the O.P.No.1 and 2 is vicariously held liable for negligent act of opposite party No.3 and other staff members.

7.            The complainant prayed that the  O.P.No. 1 to 3 may be directed to pay ticket fair Rs.1158/- with 18% interest from date of journey i.e. dt. 18/11/2012 towards non-allotted of berth to complainant.  O.P.No. 1 to 3 be directed to pay damages of  Rs.50,000/- towards deficiency in service, Pains and suffering and huge inconvenience caused to complainant.  The O.P.No. 1 to 3 may be further directed to pay legal expenses charges  Rs.10,000/- to the complainant.

8.            After receiving the notice issued by the Forum, the O.P. appeared through their counsel and filed their written statement before the forum. 

9.            In their reply, the O. P. submits that, it is not disputed that on dt. 05/11/2012, the complainant’s father had applied for change of boarding from Raigarh to Gondia.   After receipt of requisition for change of boarding, the concerned counter clerk namely Shri. Manish Kumar had wrongly and mistakenly pressed button “R” in place of “G” due to which boarding station was changed to Raipur in  place of Gondia.   That, the mistake  was occurred due to over sight and without any malicious intention.  That, subsequently the concerned duty clerk Shri. Manish Kumar was punished by railway authority by withholding his privilege for the mentioned mistake.

10.            It is not disputed that after receipt of complaint regarding mistake of boarding point on dt. 15/11/2012, the Chief Reservation Supervisor, Gondia had conveyed message to P.R.S. , Raipur and P.R.S., Bilaspur on railway phone on dated 16/11/2012 and dt. 17/11/2012, for correction in chart so that the complainant can board and travel from Gondia.  The O.P. submitted that Chief Reservation Supervisor, Gondia had made all possible effort for making manual correction in chart prepared on the day of journey regarding boarding point, but unfortunately chart was uncorrected in Raipur and Bilaspur Station.

11.                   The contents of letter dt. 11/01/2013 issued by concern Chief Reservation Supervisor, Gondia namely Shri. L.C.Sahu is not disputed.  It is not disputed that O.P.No.3 had allotted berths of complainant to R.A.C. passengers after at Rajanandgaon station as per complainant had not boarded at Raipur as per the reservation chart.

12.                   The O.P. has specifically denied that act of O.P.No.3 amounts to deficiency in service as alleged.  It is specifically denied as false that O.P.No. 1 & 2 is vicariously liable for negligent act of opposite party No.3 and other staff members.  The O.P. submitted that concern Chief Reservation Supervisor, Gondia had made all possible effort for correcting chart after knowing the mistake committed by concerned clerk Shri. Manish Kumar, thus had not made any deficiency in service.

13.                   The present complaint is bad for non-joinder of necessary party i.e. concerned booking clerk Manish Kumar hence liable to be dismissed on that count alone in the limine.  The O.P.No. 1 to 3 had not committed any deficient in service as mentioned above hence the complaint is liable to be dismissed, in the interest of justice.

14.                   The complainant has filed Copy of ticket dated 18/11/2012 at page no. 13, Copy of letter alongwith documents. at page no. 14 dated 11/01/2013, Copy of complaint,dated 19/11/2012 at page no. 16, Copy of complaint dated 18/11/2012 at page no. 17 on record.

15.                   The learned counsel for complainant Mr. S.H.Rathod          has filed written notes of argument and submitted that, due to Diwali rush, complainant’s father purchased reservation ticket on 20/07/2012 i.e. three months in advance (date of journey was 18^th November, 2012), and despite that, due to negligence in duty on the part of O.P., complainant did not get accommodation.

              There is mistake while correcting data about change of boarding station.  However, this mistake was aggravated due to negligence in duty & deficiency in service on the part of O.P. because they have promised complainant to board train from Gondia only and their berth will come vacant from Raipur because they have made necessary communication with their Raipur and Bilaspur counterpart and they were agreed to do the needful.  The O.P. failed to perform their duty and honour promise/guarantee given to consumer and there berths were  allotted between Raipur and Gondia by O.P..

16.                   The O.P. did not promise or given full assurance to complainant, then complainant would have been purchase another ticket in tatkal quota or would have been prefer to board train from Raipur itself and thus prevent inconveniences in travel journey.

17.                   The learned counsel for opposite parties Mr.S.B.Rajankar argued that, after receipt of requisition for change of boarding station the counter clerk committed mistake.  He pressed the button “R” in place of “G”, hence it was bonafide mistake and the railway authority is not responsible for negligency moreover the inquiry was initiated against booking clerk Shri. Manish kumar.  Later on instead of the two berth one berth was accommodated by concerned T.C. at Nagpur hence the case may be dismissed.

18.                   Considering the rival contention of the party & submission made before us the following points arise for consideration & finding there on along with reasons.

REASONING & FINDINGS

19.                    The complainant Sudhir Rathod had book reservation ticket of two persons for Journey from Raigarh to Pune in train No.12130, Azad Hind Express on 18/11/2012 for berth of B3 26 & 27 as confirmed tickets. This fact is proved as per reserved tickets filed by complainant on page 13 & this fact is admitted by O.P. in reply.

20.                   After  receipt of requisition for change of boarding from Raigarh to Gondia the concerned counter clerk Shri, Manish Kumar  had entered the button “R” in place of button “G” due to boarding station was changed to Raipur in place of Gondia.   The mistake of fact is admitted  in reply and in Right to Information Act by O.P.No. 1 & 2 to complainant. The complainant’s berth was allotted to other passenger as they could not boarded from Raipur and boarding station could not changed as per request made by complainant in advance. This act amounts to negligency of service which directly causes  great hardship and physical and mental torture. to the complainant.

21.                   After receipt of complaint received from complainant on 15/11/2012, before two days from the date of journey regarding mistake of boarding point, the O.P. had not able to take steps to change the boarding station from Gondia it amounts to negligency on the part of O.P..  Therefore, for the mistake of boarding station   from staff of the Central Railway is not a casual and small mistake. It creats great inconvenience in travel.  The act itself is an act grass negligence and hence can’t be tolerated. Therefore the Central   Railway is vicariously liable to pay compensation along with costs to the complainant.   Hence, the following order is passed.

- ORDER -

1.            The O.P.No.1 & 2 are jointly and severally liable to pay Rs.1158/- to the complainant as cost of ticket.

2.            The O.P.No. 1 & 2 are jointly and severally liable to pay Rs.15,000/- as compensation and Rs.5000/- towards cost of litigation and  mental torture and agony  for failure to change boarding station  as per request made by  complainant.

3.            The above amount shall be paid within 30 days from the date of receipt of this order.

4.            No order is passed against O.P.No.3.