Tamil Nadu

StateCommission

RP/11/2019

S.Jayaraman - Complainant(s)

Versus

Southern Railway, Chief Reservation Supervisor - Opp.Party(s)

Party in person

29 Dec 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

 BEFORE   Hon’ble THIRU. JUSTICE. R. SUBBIAH                      ::     PRESIDENT                       

                  Tmt. Dr. S.M. LATHA MAHESWARI                            ::      MEMBER

 

R.P. No.11/2019

(Against the Order in CMP No.355/2018 in C.C. Sr. No.288/2018 dt. 12.06.2019 on the file of District Commission, Coimbatore – 18.)

                         DATED THE 29^th  DAY OF DECEMBER 2021

 

S. Jeyaraman,

S/o. Mr. Shanmuga Nadar,

No.6/125, 3^rd Street,

P.M. Samy Colony,

R.S. Puram,

Coimbatore – 641 002.                                            .. Revision Petitioner / Complainant.

 

- Versus –

 

1. The Chief Reservation Supervisor,

Southern Railway,

Passenger Reservation Office,

Coimbatore Junction – North,

Coimbatore – 641 012.

 

2. The Senior Divisional Commercial Manager,

Commercial Branch,

Divisional Office,

Southern Railway,

Salem – 630 005.                                                         .. Respondents / Opposite parties.

 

Revision Petitioner / Complainant                     : Party in person

 

Counsel for Respondents / Opposite parties    : M/s. N.R. Narayanan

 

 

This Revision Petition coming before us for final hearing on 14.12.2021 and on hearing the Revision Petitioner and on perusing the material records, this Commission made the following order in open court :-

ORDER

Tmt. Dr. S.M. LATHA MAHESWARI:

1.         The present Revision Petition has been filed by the Revision Petitioner / Complainant against the order of the District Forum, Coimbatore made in CMP No.355/2018 in C.C. Sr. No.288/2018 dismissing the complaint for non-appearance of the complainant and non-compliance of returns.   

2.         The complaint was filed alleging deficiency in service against the opposite parties contending that  they have failed to provide proper seat allotment on 15.03.2016 during his travel.  It is submitted that the complainant though had reserved ticket was not provided sleeper class in the Cheran Express which run between Coimbatore to Chennai and was provided sleeper class only after 2 hours after the commencement of the journey. Thus it is submitted by the complainant that being a diabetic patient, having problem in eyes and had recently undergone surgery in urinary track he was put to much hardship and mental agony.   Thus, he claimed damages from the opposite parties to the tune of Rs.5,000/- for transport expenses and Rs.50,000/- towards compensation for mental agony and hardship.  Though the complaint was filed the complainant failed to appear and carry out certain corrections when the complaint was returned by the District Forum Registry.   Hence, the District Forum dismissed the CMP No.355/2018 and rejected the C.C. Sr. No.288/2018.  

2.         Aggrieved against the same the present revision has been filed by the Revision Petitioner / complainant.  It is contended by the party in person / Revision Petitioner that the  District Commission ought not to have dismissed the complaint in limine without  hearing the same on merits.  He also submitted that the non-appearance on the concerned date i.e. on 12.06.2019 by him is neither wilful nor wanton and he undertakes that he will appear regularly in future if he is provided a chance to present his case before the District Commission.  Considering the submissions made by the party in person, we are of the opinion that an opportunity may be given to him to put forth his case before the District Commission.  In pursuance of the same, we are inclined to allow the Revision Petition on condition that the petitioner shall deposit a sum of Rs.5,000/- as cost to the legal aid Account on or before 16.09.2021.

3.         Today, the matter was heard by us and the Revision Petitioner / party in person appeared and submitted that he had  deposited a sum of Rs.5,000/- as directed by this Commission and also filed a compliance memo in proof of the same. In such circumstances, we set aside the order passed in CMP No.355/2018 in C.C. Sr. No.288/2018 and remit back the matter to the District Commission for fresh disposal in accordance with law.

 

In the result, the Revision Petition is allowed. 

 

 

S.M.LATHAMAHESWARI                                                                           R.SUBBIAH

         MEMBER                                                                                             PRESIDENT