BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 30th April 2014
PRESENT
SMT. ASHA SHETTY : HON’BLE PRESIDENT
SMT.LAVANYA M. RAI : MEMBER
COMPLAINT NO.340/2013
(Admitted on 21.12.2013)
Pradeep Kumar Shetty,
35 years,
So Rajeeva Shetty,
Ro Shivani, Kalavara Village,
Salvady Post, Kundapura Taluk,
Udupi District. …….. COMPLAINANT
(Advocate for Complainant: Sri K.Rajarama Shetty)
VERSUS
Southern Railway,
Mangalore Central,
Mangalore,
D.K. District.
Rep. by its Station Manager. ……. OPPOSITE PARTY
(Opposite Party :Exparte)
ORDER DELIVERED BY HON’BLE MEMBER
SMT.LAVANYA M. RAI:
I. 1. This complaint is filed under Section 12 of the Consumer Protection Act alleging deficiency in service as against the Opposite Party claiming certain reliefs.
The brief facts of the case are as under:
The complainant stated that he along with his associates to visit Shabarimala Temple and booked 3 A.C. 6 tickets in Opposite Party number officer situated at Mangalore on 1.9.2012 and date of journey is on 17.9.2012 to 18.9.2012 journey from Changanur to Mangalore central, by paying Rs.3,438/- to the Opposite Party and availed train tickets.
The complainant further submitted that after visit Shabarimala Temple, the complainant and his associates came back to Changanur City on 17.9.2012 in order to catch the train in the night at Changanur Railway Station. The complainant purchased saree for the amount of Rs.1,525/- and a kid top for Rs.320/- at Puthukkeril Stores, Changanur on same day and kept the same in his traveller bag along with Ayyappa Swamy Prasadam. Thereafter the complainant along with associate boarded the train No.16347 Mangalore express and occupied birth No.16 and kept his traveler bag below the birth. The complainant further submitted that they reached Mangalore Railway Station he surprised to see that said traveler bag was damaged by rat bitten, the saree and prasadam bag were also torn out due to rat bitten in the train compartment thereby committed deficiency in their service. After that the complainant lodged written complaint with the station master at Mangalore Central Railway station. After received the complaint the concerned authority issued acknowledgement for the same and assured that will do the needful. Thereafter on 11.10.2012 the complainant received a letter from Divisional Railway Manager, Public Grievance Cell, Palghat stating that train No.16347 express is maintained at Trivendrum central to deal the subject matter but till June 2013 Opposite Party not at all made any attempt to settle their dispute. Hence complainant issued a legal notice by R.P.A.D which is duly served on 13.6.2013. Thereafter on 20.6.2013 station, Manager Southern Railway, Mangalore central issued a notice and stated that forwarded the complaint to concerned authority, for necessary action, but Opposite party is not responsible for the same. Hence the complainant filed the present complaint under Section 12 of the Consumer Protection Act 1986 (herein after referred to as ‘the Act’) seeking direction from this Forum to the Opposite Party to pay a sum of Rs.1,525/- towards damage caused to the saree and kid wear and Rs.1,800/- damage caused to the traveler bag and also pay Rs.25,000/- towards hurt and feeling and sentiments to damage caused complainant including Ayyappa Prasadam. Further prays Rs.45,000/- towards inconvenience, also pay for Rs.10,000/- as litigation expenses.
II. 1. Version notice served to the Opposite Party by R.P.A.D. Despite of serving notice the Opposite Party not appeared nor represented the case. Hence placed exparte. The acknowledgment placed before the FORA marked as Court Document No.1.
III. 1. In support of the complaint, Sri. Pradeep Kumar Shetty (CW1) – Complainant filed affidavit reiterating what has been stated in the complaint and produced Ex C1 to C8. Opposite Party not filed counter affidavit nor led any evidence but sent a letter on 3.4.2014 stating that the file has forwarded to the concerned authority for further action. Except this the Opposite Party not appeared before the FORA nor led any evidence.
In view of the above said facts, the points now that arise for our consideration in this case are as under:
- Whether the Complainant proves that Opposite Party committed deficiency in service?
- If so, whether the Complainant is entitled for the reliefs claimed?
- What order?
We have considered the notes/oral arguments submitted by the complainant and also considered the materials that was placed before this Forum and answer the points are as follows:
Point No.(i): Affirmative.
Point No.(ii) to (iii): As per the final order.
REASONS
IV. 1. POINTS NO. (i) to (iii):
In the instant case, the complainant produced Ex. C1 to C8 in order to substantiate his case. The documents produced by the complainant reveals that the complainant visited the temple and on the way he purchased some valuable things stated above when the complainant return from the Kerala State and reached Mangalore Central Railway station, he shocked to see that his valuable things are damaged by rat bitten. After that the complainant lodged written complaint before the station master at Mangalore Central Railway. But the railway authority not taken any steps regarding the complaint till the date. Apart from the above, the Opposite Party received the version notice sent by this Forum by R.P.A.D. But not chosen to appear before the FORA to contradict the evidence on record. The entire oral and documentary evidence proceed by the complainant not contradicted by the Opposite Party, which requires no further proof. Further we also noted that after gone through the documentary evidence of the complainant it is proved that the complainant was suffered and also the valuable things of the complainant are damaged by rat bitten. Hence proves that the Opposite Party committed deficiency in service.
In view of the above discussions, we are of the considered opinion that the opposite party is hereby directed to pay Rs.10,000/- as damages. Further pay Rs.2,000/- as cost of the litigations expenses. Payment shall be made within 30 days from the date of this order.
In the result, we pass the following:
ORDER
The complaint is allowed. The Opposite Party i.e. Southern Railway represented by its Station Manager shall pay Rs.10,000/-(Rupees Ten thousand only) to the complainant. Further pay Rs.2,000/- (Rupees Two thousand only) as cost of the litigation expenses. Payment shall be made within 30 days from the date of this order.
In case of failure to pay the above mentioned amount within the stipulated time, the Opposite Party is directed to pay interest at the rate of 12% per annum on the above said total amount from the date of failure till the date of payment.
Copy of this order as per statutory requirements, be forward to the parties and file shall be consigned to record room.
(Page No.1 to 6 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 30th day of April 2014)
PRESIDENT MEMBER
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW1 – Sri. Pradeep Kumar Shetty – Complainant.
Documents produced on behalf of the Complainant:
Ex C1 – 1.9.2012: Original Railway ticket.
Ex C2 – 17.9.2012: Receipt of purchase of saree.
Ex C3 – 18.9.2012: carbon copy of the written complaint.
Ex C4 – 11.10.2012: Letter issued by railway Divisional Manager.
Ex C5 – 11.6.2013: Lawyer registered notice.
Ex C6 – 13.6.2013: Postal acknowledgement.
Ex C7 – Photographs and CD.
Ex C8 -20.6.2013: Letter issued by the Station manager, Southern railway Mangalore Central.
Witnesses examined on behalf of the Opposite Party:
- Nil -
Documents produced on behalf of the Opposite Party:
- Nil -
Dated:30.4.2014 MEMBER
