West Bengal

Kolkata-II(Central)

CC/299/2013

Sri Amlan Rakshit - Complainant(s)

Versus

South Eastern Railway (Commercial) & Anr. - Opp.Party(s)

Ld. Advocate

09 Jul 2014

ORDER

JUDGEMENT

          Complainant by filing this complaint has submitted that complainant availed of a coach No. S5 of Train No. 12842 (Corromondol Express) as a confirmed ticket holder from Chennai to Howrah on 15.05.2013 during his journey Pantry Car Officials charged higher rate for food items and denied to serve food as per the prescribed Railway Menu and price list and also they served less quantity of articles and inferior quality of food items.  It is further stated that complainant and other passengers when raised protest pantry car officials became arrogant and denied to serve food as per the railway menu and instead they started charging high prices for the food items available in the pantry car.  For example standard casserole meals (Vegetarian and non-vegetarian) which normally costs Rs.50/- and Rs.55/- respectively but it was charged Rs.70/- and Rs.80/- by the pantry car officials.

          When the complainant and other passengers requested the bearers to call pantry car manager, they summararily refused to call pantry car manager and when they told that they would complaint to higher authority they threatened the complainant and other passengers with dire consequences and denied to serve food and thereafter having no other alternative they lodged a complaint but to call all India Toll Free number helpline 1800-111-321 for assistance and some other passengers too called that Toll Free Number for seeking redressal and after calling Helpline again and again the manager came and agreed to serve the food.  But the food they served was sub-standard, less quantity, inferior in quality as per Railway Prescribed Menu and again at night they denied to even take order from them because at noon complainant complained against them.  But it was done only to teach a lesson to the passengers like the complainant and at night after repeated calling the Helpline they reluctantly agreed to serve food, but the food they supplied was below standard as per Railway Norm.

          In the meantime, one of the pantry car staff called one TTE and tried to falsely fabricate them and at midnight when everybody was sleeping with difficulty as the compartment were over crowed, one of the pantry car staff called RPF and described all wrong and fabricated stories about the complainant to harass and teach all a lesson.  Moreover the compartment was heavily overcrowded with unauthorized passengers who have no reservation in the compartment and those unauthorized passengers were occupying reservation seats and complainant the valid and confirmed ticket holders were unable to sit properly and for which the complainant and other passengers called the TTE for proper seating or to sleep in their seats.  The matter was told to TTE but he turned a blind eye and deaf ear to such honest appeal.

          Practically that TTE was busy in collecting or extracting money from the unauthorized passengers and distributing seats for those seats in the reserved compartment disturbing a confirmed ticket holder of the compartment, it was overcrowded that even en-route to toilet too were obstructed due to all those illegal occupants.  When the issue of overcrowding was brought to the notice of TTE he completely ignoring the complainant’s appeal said in Hindi – Indian Railway Mein Sab Kuch Hota Hai which means everything is possible in Indian Railway.

          Moreover the condition of the toilets were at beggars description and it was never cleaned and even at the source station of Chennai or at Vishakhapattnam or Vijayawada where the train stops for a considerable long time but it was cleaned only just one hour before reaching destination to Howrah which caused the complainant to fall ill both mentally and physically.  It is further submitted that complainant failed to sit properly and was unable to use toilets for either remaining engaged due to overcrowding or for route to toilets were blocked due to unauthorized passengers and TTE were busy to take such extra money from them.

          But as per the norms and rules and as confirmed ticket holder, complainant found unfair practice on the part of the Railway employees and also they did not render proper service and they also acted negligently and unable to provide minimum passenger amenities in all respect to the complainant as a passenger in a reserved compartment.  Fact remains complainant reported the entire matter by SMS to South Eastern Railway officers and same were delivered and some of them were even acknowledged.  After reaching home and after initial recovery from the trauma and severe mental shock and physical difficulties and illness complainant directly contacted through Public Grievance Portal and many of them were duly acknowledged and candidly admitted by the concerned authorities and in the circumstances complainant prayed for compensation and for taking such penal steps against the ops.

          On  the other hand on behalf of the Railway Dy. Commercial Manager (PS), South Eastern Railway by filing written statement has denied all allegations of the complainant and alleged that on 15.05.2013 complainant demanded some extra food items as per his choice which was not included in the menu of standard casserole meals (veg) at a price of standard casserole meals to the pantry car staff (bearer) and the pantry car staff told and showed the complainant the price of available items and menu approved by the Railway Board and tried to convince him with a polite and good manner that it would not be possible for them to serve such food items which are not included in the standard casserole meals (Veg)  as per Railway approved menu the specific items of food included in the standard casserole meals could only be supplied to a passenger demanding the standard casserole meals (Veg) and pantry car staff also informed the complainant that in addition to standard casserole meals any extra items of food, if demanded by the passenger, could be supplied to the passenger on receipt of extra price for those extra items of food.  If the food items are not served as he demanded, he would lodge complaint to the highest Railway’s authorities.  But the pantry car staff was very strict and honest to serve food as per Railway’s approved price and expressed his inability to serve the same other than the said price.  It is further submitted that the price of each item were different and charged separately for each item and the pantry car staff were not charged Rs.70/- & Rs. 80/- for foods which is costs Rs.50/- & Rs.55/- respectively.

          Moreover it is submitted that as per schedule in the train within which the pantry car staff has to collect order from the passenger of the reserved coaches for railway approved food items as per their choice and place the same to the pantry car manager to enable him for arranging and preparing to supply the same to the passenger.  On that date i.e. on 15/16.05.2013 the pantry car staff already lost huge time to convince the complainant and realized that if he kills more time in this way, he would automatically fail to complete to take orders from all the other passengers within the time limit resulting in no-supply of food to them which would lead to several complaints and as such he started taking order from the other passengers and soon thereafter the concerned pantry car staff reported the matter to the pantry car manager and that manager came after the complaint made by the complainant on Helpline but he came as soon as the pantry car staff informed the aforesaid facts to him and the pantry car manager came and convinced the complainant regarding price of food items and thereafter complainant placed his orders for food as per his choice and accordingly food was served to him as per his order.

          Now the ops most respectfully say that no passengers opined adversely neither in the passenger opinion card nor in the complaint books available with pantry car manager and coach conductor/guard of the said train in question about the quality, quantity, price and over charging of the food items served and misbehavior of the pantry car staff on that day.  Not only that the complainant himself also opined with his remarks good in the passenger opinion card in respect of vendor service and veg meal and there is no evidence of overcharging.

          However on receipt of complaint the railway as punitive measure imposed certain penalty upon the concerned contractor in order to keep them administrative pressure to ensure complaint free catering service, though the above complaint of the complainant has not at all be established through scrutinisation and the contractor i.e. KMA caterers a certified company has also denied the allegation as made in the complaint and not accepted any punishment imposed by the Railway.

          It is further submitted that regarding over charging of food items, denying to serve food as per prescribed menu and price list, giving less quantity and inferior quality in food items are not at all true but it is baseless harassive and made with some ulterior motive to get compensation.  It is further alleged that coach No.S5 in which the complainant travelled was a reserved coach and unauthorized persons are not allowed to enter reserved coach.  The coach was manned by a senior ticket examiner of Chennai division during the first stage of the journey i.e. from Chennai Central to Vijaywada and there were no unauthorized passengers in that coach.  It is false that TTE was collecting money from the passengers and distributing berth to unauthorized passengers and the fact is that the TTE was only checking the ticket of the passengers and only collecting the amount due from the passengers as a result of fare revision effected from 22.01.2013 onwards.  This amount was in fact printed in the reservation chart itself against the names of the passengers who had purchased tickets much before the fare revision was notified.  The passengers concerned were satisfied since the chart had been pasted on the coach thereby leaving no room for suspicion.  After collecting the enhanced fare the TTE had remitted the pending amount in the booking office at Vijaywada Railway station same day under money receipt No. 99399124 and hence the allegation made in the said paragraphs are baseless.

          Further TTE has denied the statement as alleged by the complainant.  The work of TTEs revolves closely around passengers and they are by nature cordial and responsive to the genuine needs of passengers.  Overcrowding during festival time, summer vacation period etc. is an occurrence reported in unreserved coaches only.  In reserved coaches, there is only to and fro movement of authorized passenger trying to locate their respective berths or visiting the pantry car for food which cannot be avoided.  Being responsible officials, TTEs do not enter into any unwarranted conversation with any passenger over any issue but only concerned with their official work and do not pass any disparaging remarks against the Railway Administration.

          Op also stated that the complainant has made a concocted, frivolous, fabricated, baseless history so the op has prayed for dismissal of this case as complainant is completely concocted and vexatious.

 

                                                      Decision with reasons

 

          On proper study of the complaint and the written version and after overall assessment of the argument as advanced by the complainant and the Ld. Lawyer of the op, it is clear that complainant availed of the said train and was returning to Howrah from Chennai vide Coach S5 of train No.12842 (Coromondal Express) as a confirmed reserved ticket holder being PNR No.4449369732. 

          Fact remains that op has admitted that complainant made allegation to the railway authority about his grievance on the ground his grievance was not properly attended or redressed by the TTE or Railway coach attendant or pantry car manager at the time of his journey and truth is that South Eastern Railway Chief Commercial Manager (Catering) and PS by a letter dated 06.06.2013 informed that his matter had been taken up seriously and authority already updated penalty against for the lapse of catering services and it is admitted by the Dt. Chief Commercial Manager (Catering & PS) that unfortunate service to the complainant is hereby recorded and that matter has been admitted by the op.  Then it is clear that the complainant’s allegation against railway catering service of the railway as worst in nature is accepted by higher authority and for which the railway authority imposed penalty on the catering services.  So, in this respect the defence of the op Chief Commercial Manager is completely false and fabricated and he has tried to say that allegation has not been proved even then pantry car staff has been penalized can a prudent man believe that if the allegation is not proved then how penalty can be imposed, that means this Senior Division Manager of railway submitted a false defense before this Forum only to save the pantry car licensee.  Invariably there is a pact in between the senior division commercial manager and pantry car licensee for which he is beating drums of such a pantry car service licensee whose deficiency in catering service is confirmed by the Chief Commercial Manager (PS).

          In this regard we have gone through the complaint made by the complainant against the railway authorities and that was received by the railway authority and only the Chief Commercial Manager (Catering & PS) took action and imposed penalty upon the pantry car licensee.  So, the said part of the allegation is proved beyond any manner of doubt.  About overcrowding we can say without any hesitation that TTE is all over India are very loyal to the ticketless passengers without any reserved ticket because they are very much aware of the fact that their god is ticket less passengers because they are the source of extra income and it is common picture in all the long route train service and this picture cannot be denied by the Chief Commercial Manager who has filed this defence.

          In this regard it is to be mentioned that so many matters are being published in different newspapers that is Anandabazar Patrika on 16.05.2014, the Telegraph dated 16.05.2014, Times In India Kolkata dated 15.05.2014 about the harassment of the bona fide passengers by the TTE, RPF and other railways staff which are published in Times of India on 02.01.2014, Sunday Times of India, Kolkata dated 08.12.2013, in Anandabazar Patrika on 08.12.2013 and also on 09.1.2.2013 including another incident of harassment in Rajdhani Express by TTE on 24.12.2013 and other matters.  Not only that complainant has filed a video cassette in respect of the present incident and to expose the complete chain of this fraud stars including TTE, RPF in association with other railway forces who are connected with this scandals and practically complainant filed all those papers but in respect of that there is no denial on the part of the Railway Authority.  From another publication in Anandabazar Patrika dated 26.02.2014 it is clear that dacoity had been committed in Kalka Mail which was proceeding from Ahameadabad to Howrah but at that time RPF was absent and for which such an incident took place.  From another publication of Anandabazar Patrika on 22.03.2014 it is clear that snatcher tried to snatch ornaments etc from the passengers and one lady passenger who resisted them was thrown from the train and this is the position of service of the railway of the TTE and RPF.

          No doubt there is a scheme in the railway named clean train station (CTS) and as per CAG report published in Times of India on 02.08.2013 it is clear that CAG Audited and observed it specifically reported in the said CAG report that sleeper class coaches mostly remained unattended and during joint inspection of trains attended through the CTS project, audit observed that vestibules between coaches were littered with untreated food, used plastic plates, tea cups and other items.  Toilets in most of the trains inspected were either chocked or dirty.  According to the CAG, Indian Railways has only partially achieved the objective of maintaining cleanliness in trains mainly due to poor planning and inadequate monitoring at the zonal leval.  Sleeper class coaches were mostly left unattended and there is lack of adequate supervision by railway officials in respect of activities of staff involved in OBHS and CAG has come to a conclusion after through enquiry that railway authority has failed to give proper administration in the rail coaches and proper service to the passengers and railway authority does not maintain it and regarding cleanliness in CAG report it is specifically mentioned that the CTS scheme has completely failed and the condition of the latrine, bathroom are not only unhealthy but condition is very bad, water supply is very poor and the passengers are being disturbed by the cockroaches and rats and there is no control and the total standard of service to the passengers is at lowest stage and further CAG has also submitted report stating that the general services and general safety to the passengers are completely neglected by the railway authority.  If we consider that report of the CAG published very recently and also the complaint as made by the complainant it is proved that the highest authority of India has already commented about the poor service to the consumer, poor maintenance of the railway coaches and line and also poor performance of the TTEs in the rail coaches and about poor service of food of catering service to the passengers.  Though the passengers are bona fide in sleeper coaches and it is specifically mentioned that the service in the sleeper coach is very poor in all respect.

          Regarding denial about unauthorized passengers in the reserved sleeper coach it can safely be said that it is a false statement of the Chief Commercial Manager and fact remains in most of the long running trains all the sleeper coaches are packed up with unauthorized passengers everyday.  If railway authority and the Chief Commercial Manager who has filed written version on behalf of the railway authority has any grudge and anxiety against complainant he is directed to appoint CBI daily in the each long running trains, invariably complainant’s allegation shall be proved daily and practically we are convinced to hold that the allegation is made by the complainant is truth beyond any manner of doubt when CAG report proved it then the defence of the op is completely false, fabricated and denial only for the purpose saving TTE and RPF and coach attendant of the railway because they are paying their share of the extra money and the Commercial Manager also and the present Chief Commercial Manage is proved a dishonest person and he is the mediator of all malpractices and for which he is saying in favour of the dishonest TTEs, RPF and coach attendants including dishonest Manager of the Pnatry car and dishonesty is the prime activities of the railway employees at present, not only that the entire booking centre of the railway at Sealdah, Howrah in respect of issuance reserved ticket in respect of long running trains are overcrowded by touts who are like close friends of such employees and from that counters also huge amount are being collected and in extreme urgency passengers are compelled to pay higher amount for getting reserved ticket and it is being supplied even after implementation of online but online services are controlled by the dishonest person and this situation when it would be controlled is unknown to 120 crores of people of India.  No doubt railway industries is a big industry and then their social and moral responsibility to run this big industry with honesty, integrity for rendering responsible and good services to the valid ticket holders/reserved ticket holders but same are not being rendered at all.  Truth is that very recently in Parliament Central Government has admitted that service to the passengers and maintenance of the coach and rails cannot be done and it is practically neglected only on the ground the income of the railway is spent for giving salary to the employees from lower to higher officers.  When that is the admission in Parliament by the Minister in charge of Railway and Finance Minister then we are sure that the defence of the present op is false and fabricated not only that CAG has also confirmed that service rendered by the railway authority to the passengers of sleeper class in all respect, poor maintenance of latrine, bathroom of coaches by the railway authority, poor quality and quantity in supply of food by the pantry car is very poor and in all other matter it is noted that coach is not at all maintained.  When that is the version of CAG, then how this Senior Commercial Manager has submitted such a negative story before this Forum.

          So, it is clear that the Sr. Chief Commercial Manager is also one of the leader of the dishonest practice as continued by the TTE, RPF, coach conductor and the pantry car manager and no doubt he is holding the post of Sr. Commercial Manager and such sort of dishonest commerce and trade is being practiced by the Sr. Commercial Manager.  So, he has tried to prove this complaint as a false.  But it is proved that the entire defence as made by Sr. Commercial Manager who is leader of the fraud stars in respect of railway administration is similarly proved a false defence only to save dishonest practice of the rail employees.

          Considering all the above facts and circumstances materials it is found that railway authority has no honest approach, honest desire or sincerity and responsibility, diligence in respect of running rail and rendering service to the valid passengers and also in respect of other services that is other avenues and amenities to the passengers and no doubt it is proved beyond any manner of doubt that complainant’s allegation is true not a myth.  So, complainant is entitled to get a relief as claimed for.  It is to be mentioned in this regard in our country the employees have failed to realize as an employee of State Government or Central Government for what purpose they are appointed.  Employees all over India are here and there only for collecting their monthly salary without rendering service and in most of the offices this is the actual picture.  Practically Government is run by the employees if employees at large did not discharge their duties then invariably any development of a country cannot be found by investment of huge amount, building having corporate type offices to serve the people but empoloyees are found dishonest having their no intention to serve but only to take salary per month and to attend office at their wish and if such sort of callous administration for years together are continued invariably in future the developmental work shall be stopped and public at large shall have to starve.  It is an example of railway administration which has been ventilated by the complainant what is proved as truth that has been confirmed by CAG also and it is admitted in Parliamentary Session of this year by the Finance Minister and the Railway Minister also.

          So, we are very much convinced that the complainant’s allegation is well proved.  No vigilance is here and there, no inspection are made daily by the railway authority to look after this matter because inspection cell is also purchased by the TTE, RPF and coach conductor including the manager of pantry car because they are also paid share of bribes and that has been proved.

 

 

 

          In the result, the complaint succeeds.

          Hence, it is

                                                              ORDERED

          That the complaint be and the same is allowed with cost of Rs.2,000/- against the ops.

          Ops are hereby directed to pay a compensation of Rs.50,000/- to the complainant for ops negligent and deficient manner of service and the litigation cost of Rs.10,000/- and compensation of Rs.50,000/- shall be paid to the complainant within one month from the date of this order failing which for non-compliance of the Forum’s order and disobeyance of the Forum’s order, ops shall have to pay penal interest @ Rs.400/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.

          Ops are directed to comply the order within the stipulated period failing which penal action shall be started against them for which they shall be responsible.