Date of filing : 21-05-2007 Date of order : 07-04-2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.37/07 Dated this, the 7th day of April 2009 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.SHYMALADEVI : MEMBER Sanuraj.A.T, S/o. Balakrishnan.A.T. A.T. Nivas, Thekkekunnu, } Complainant Pallikkkere.Po, Kasaragod. 1. The Station Master, Pallikkere Railway Station } Opposite parties 2. Commercial Manager, Southern Railway, Palghat. O R D E R SRI.K.T.SIDHIQ, PRESIDENT Tersely stated the case of the complainant Sanuraj is that inspite of his early booking for a seat with birth from Pallikkara Station to Kottayam in Malabar Express Train. He was not provided with the berth. That apart the TTE behaved him rudely. Hence he suffered. Alleging deficiency in service on the part of railway authorities he filed this complaint claiming a compensation of Rs.10,000/- towards the mental agony loss and hardships he suffered. 2. Opposite parties filed version. According to them complaint is not maintainable in view of Sec.13 and Sec.15 of Railway Claim Tribunal Act 1987. On merits the opposite parties contended that on 26-11-06 due to a sheer clerical error the name of the complainant was entered in the page for 25 11/06 instead of 26-11-06 in the reservation register. This mistake was noticed only after the complainant boarded in train and on realizing the mistake berth No.65 M S2 coach from Quilandy quota was surrendered and arranged for allotment to the complainant. Since the berth was allotted from Mangalore to Thalassery through passenger Reservation system, the complainant was comfortably accommodated in another seat up to Thalassery and from there the surrendered berth was allotted to the complainant and he travelled using that berth. Hence there is no deficiency in service on the part of opposite parties. 3. Complainant represented by his authorized agent his mother, Lakshmi she adduced evidence for on behalf of the complainant and Exts A1 to A5 marked. For opposite parties P. Rameshan the TTE adduced oral evidence and Exts B1 and B2 marked. Both sides heard. 4. The contention of the opposite parties that the complaint is not maintainable in view of Sec.13 & 15 of the Railway Claim Tribunal Act 1987 is not sustainable in view of Sec.3 of the Consumer Protection Act. The Consumer Protection Act is not a supplant but a supplement to other laws. Hence the Forum has got jurisdiction to deal with the above matter. 5. On merits the opposite parties admitted that out of sheer clerical error the name of the complainant entered in the page of 25-11-06 instead of 26-11-06 in the reservation register. That caused all the sufferings to the complainant. However it is a fact that the complainant was allotted with a berth subsequently. Hence the case of the complainant that he travelled up to Kottayam by standing is not correct. 6. DW1 the TTE has stated that from Pallikkere station itself the booking clerk informed him about the overbooking and asked to accommodate the complainant is not believable since in the version the opposite parties stated that the mistake was noticed only after the complainant boarded in the train. That apart had the Pallikkere Station authorities were aware about the mistake they could have made the alternative arrangements from then and there itself through passenger Reservation system or any other system and they could have informed about it to the complainant at the time for boarding from Pallikkere. No doubt it is clear that the TTE might have behaved him as usual to any other unreserved passengers when the complainant boarded in the train from Pallikkere on 26-11-06. 7. After receiving a confirmed ticket one passenger will normally expect a quiet comfortable journey. But that was not happened in this case and it caused mental strain and agony to the complainant. Surely it is deficiency in service on the part of opposite party. Therefore complaint is allowed and opposite parties directed to pay Rs.1500/-towards the mental agony sufferings caused to the complainant along with cost of Rs.1000/-. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1. Photocopy of reservation ticket. A2. Photocopy of OP Ticket A3. Photocopy of cash bill A4.1512-06 photocopy of letter sent by OP to complainant A5. 27-02-07 photocopy of letter sent by Divisional Railway Manager to complainant. B1.Photocopy of reservation register. B2. Reservation Chart for Sleeper Class. PW1.Lakshmi.C. DW1. Rameshan.P. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj Forwarded by Order SENIOR SUPERINTENDENT .
......................K.T.Sidhiq
......................P.P.Shymaladevi
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