BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 22/06/2011

Date of Order : 13/02/2013

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 330/2011

Between

And

O R D E R

A. Rajesh, President.

1. The case of the complainants is as follows :-

On 31-03-2011, the complainants booked tickets from Ernakulam to Velankanni in Thatkal category by paying Rs. 848/-. On the same day, at about 10.50 p.m., the complainants occupied their seats in the train. The TTE duly verified the tickets of the complainants at Ernakulam South Railway Station itself. During the journey, two Tamil officials examined the tickets of the complainants and according to them the tickets were not genuine. The complainants were threatened and directed to remit Rs. 1,570/-, failing which they would have to face dire consequences. The complainants remitted the amount. The complainants had to suffer lot of inconveniences and mental agony due to this incident. The complainants had to continue their journey with the financial assistance of the fellow passengers. Thus, the 1^st complainant is before us seeking direction against the opposite parties to refund the amount collected on his way to Velankanni together with Rs. 50,000/- towards compensation and costs of the proceedings. This complaint hence.

2. The version of the opposite parties is as follows :-

On 29-03-2011, the complainant had requested for a Tatkal ticket and the same was issued to him and other complainants on demand. The excess charge was collected by the ticket examiners of Thiruchirappally Division. The Tatkal ticket is issued on a conditional basis. The most important condition is that the holder of the tatkal ticket should possess valid photo identity card prescribed by the Railway Administration. The reason for excess charging is that the complainants did not possess the valid identity card as legally required. There is no deficiency in service or negligence on the part of the opposite parties.

3. The complainant was examined as PW1 and Exts. A1 and A2 were marked. Witness for the opposite parties was examined as DW1. Heard the counsel for the parties.

4. The points that came up for consideration are as follows :”-

1. Whether the complainants are entitled to get refund of the penalty imposed by the opposite parties?

2. Whether the complainants are entitled to get compensation and costs of the proceedings?

5. Point No. i. :- Admittedly, the complainants availed a Tatkal ticket to travel from Ernakulam to Nagapattanam on 31-03-2011 evidenced by Ext. A1. According to the complainants, during the journey the employees of the opposite parties interrogated the complainants and illegally levied Rs. 1,570/- alleging that the complainants were not in possession of valid identity card as prescribed by the opposite parties. According to the opposite parties, the complainants did not possess the valid identity card as specifically stated in Ext. A1 ticket. They maintain that without the identity proof the ticket is invalid and their employees rightly penalised the complainants.

6. Admittedly, while the complainant and his family boarded the train at South Railway Station, Ernakulam, the TTE attached to the opposite parties examined the ticket and permitted the complainants to go ahead with the journey. If the passenger is not entitled to proceed with the journey without an identity proof, the TTE ought to have intimated the complainants of the same at the outset. In this case, the TTE failed to do so even after the verification of the ticket. There is no explanation forthcoming as to why the complainants were allowed to start their journey without the conditions of travel on Tatkal category being satisfied which the TTE did not demand which shows laches on the part of the opposite parties. DW1 is the Deputy Chief Inspector attached to Trichy Division who conducted the examination of the ticket of the complainants between Pulithalai and Trichy. We cannot find any deficiency in service on the part of DW1 in conducting the examination of identity proof during the journey. The 1^st complainant does not have a case that he possessed valid ID proof during their journey. During examination, DW1 stated that the TTE was managing 3 coaches and they are not in a position to examine the ID cards of the passengers due to paucity of time. This cannot be agreed to, since very few passengers alone travel under Tatkal category. Since the TTE in Kerala permitted the complainants to proceed with the journey in spite of Ext. A1 ticket though without examining the ID proof, failing in his primary duty, the levy of penalty by another official cannot be sustained because in good law approbation and reprobation is not allowed. The opposite parties are liable to refund the amount as per Ext. A2 with interest.

7. Though, this Forum has the sympathy to an unforeseen or rather an unfortunate situation to which the complainant has been put to his grievance has been primarily redressed. We feel no compensation is called for hence. It is obvious that the complainant has had to bear monitory consequences. We are only to award a cost of costs. We fix it at Rs. 1,000/-.

8. In the result, we partly allow the complaint and direct as follows :-

 

1. The opposite parties shall jointly and severally refund the amount as per Ext. A2 to the 1^st complainant with interest at the rate of 12% p.a. from the date of receipt till realisation.

2. The opposite parties shall jointly and severally pay Rs. 1,000/- to the 1^st complainant towards costs of the proceedings.

The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 13^th day of February 2013.

Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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