Tamil Nadu

North Chennai

155/2014

M.D.Tanveerullah Sheriff - Complainant(s)

Versus

Southern Railways,Rep by its General Manager, - Opp.Party(s)

Party in person

27 Feb 2017

ORDER

 

                                                            Complaint presented on:  30.07.2014

                                                                Order pronounced on:  27.02.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 27^th DAY OF FEBRUARY 2017

 

C.C.NO.155/2014

 

 

MD.Tanveerulla Sheriff,

Old No.10/2, New No.12/2, Mannappa Lane,

Korukkupet,

Chennai – 600 021.

                                                                                    ….. Complainant

 

..Vs..

1. Southern Railways,

Rep.by it’s General Manager,

Chennai – 600 003.

 

2. The Station Master,

Korukkupet Railway Station,

Chennai – 600 021.

.....Opposite Parties

Date of complaint                                 : 04.08.2014

Counsel for Complainant                      : Party in person

Counsel for Opposite Parties                   : Mr.N.R.Narayenen

 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          The Complainant filed this Complaint to direct the Opposite Parties to refund the excess fare from Melmaruvathur to Pondicherry for two tickets and compensation for mental agony with cost of the Complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant is a Season ticket holder of Southern Railway to travel from Korukkupet to Tambaram vide ID ticket No.450599539 dated 09.09.2013. The above ticket is valid for 3 months ie, from 09.12.2013 to 08.03.2014 and the same was issued by the 2^nd Opposite Party. On 27.02.2014 at about 4.30 a.m the Complainant along with his wife and mother in law supposed to go to Pondicherry to meet his Aunt, went to the 2^nd Opposite Party’s Railway Station and asked the counter clerk to issue two II class ordinary Ticket for his wife and mother in law from Korukkupet to Pondicherry and he is a season ticket holder to travel from Korukkupet to Tambaram, he requested the counter clerk to issue a ticket from Tambaram to Pondicherry. However the above counter clerk refused to issue the ticket from Tambaram to Pondicherry from the 2^nd Opposite Party’s Railway Station but issued only above two tickets from Korukkupet to Pondicherry. He further explained of his above season ticket and to issue extension ticket Tambaram to Pondicherry, but the counter clerk told him to purchase the ticket at Tambaram only and refused to issue the ticket from the 2^nd Opposite Party’s Railway Station.  The Complainant also explained the possibility of issue of ticket from the Korukkupet Railway Station; however he was abused in the filthy language. He went to Egmore Railway Station to board the Pondicherry passenger train starts from Egmore at 6.35 a.m. The above train is the only train for direct service to Pondicherry.  The Complainant came to know at the Egmore Railway station counter clerk that there was no train service up to Pondicherry and the service available only up to Melmaruvattur and not beyond Melmaruvattur and he purchased the ticket from Tambaram to Melmaruvattur. He was utterly shocked to know that the 2^nd Opposite Party’s counter clerk had issued the ticket wrongly up to Pondicherry for no service up to Pondicherry and he was misled by the above counter clerk. After purchasing the above ticket from the Egmore Railway Station, they boarded the above Pondicherry passenger train in a hurried manner with his wife and aged mother in law. His only intention to avoid unnecessary fare and to waste of time for again purchasing Ticket at Egmore in a long Queue for the above travel therefore he asked for Ticket from 2^nd Opposite Party Railway Station from Tambaram to Pondicherry but due to the negligence and lethargic attitude of the above counter clerk, he and his family members was suffered with mental agony and monetary loss. The Opposite Parties had issued the ticket for no service station and illegally collected the fare from him. Hence the Complainant filed this Complaint to direct the Opposite Parties to refund the excess fare from Melmaruvathur to Pondicherry for two tickets and compensation for mental agony with cost of the Complaint.    

2. WRITTEN VERSION OF THE  OPPOSITE PARTIES IN BRIEF:

       The 1^st Opposite Party is the principal head of the Southern Railway Zonal Administration. The 2^nd opposite Party is the railway official working at the Korukkupet Station. The Opposite Parties state that the Complainant had at about 4.30 a.m on 27.02.2014, asked the booking clerk in Korukkupet Railway Station to issue 2 ordinary unreserved II class tickets for travelling from Korukkupet to Pondicherry and the clerk issued the said tickets. When the Complainant next asked the clerk to issue a journey extension ticket from Tambaram to Pondicherry for himself, since he had a valid quarterly season ticket for commuting between Korukkupet  and Tambaram Railway Stations and wanted to pay less ticket fare, the booking clerk explained that journey extension tickets are issued only for travelling in suburban sections and Pondicherry being out of Suburban limits, such ticket cannot be issued on the basis of the Complainant’s season ticket. The booking clerk asked the Complainant to purchase separate ticket from Tambaram to Pondicherry by paying correct fare but the Complainant did not buy the ticket. The Opposite Parties state that as per para 215 of the Indian Railway Commercial Manual, journey extension tickets are issued to season ticket holder only to stations in suburban traffic. Pondicherry not being a station in suburban traffic as notified by Indian Railway Administration, journey extension ticket cannot be issued and the clarification given by the booking clerk is therefore correct. The Opposite Parties also deny the booking clerk abused the Complainant or used inappropriate language during the transaction. The Complainant came to know that the service of the passenger train leaving Chennai Egmore at 6.30 a.m was partially cancelled between Melmaruvathur and Pondicherry. The partial cancellation was due to a major engineering work associated with the commissioning of new panel at Tindivanam Yard. The partial cancellation of the train service was unavoidable and the Railway Administration had in fact issued press release for general information of public about the partial cancellation of service of 3 trains including the Chennai Egmore – Pondicherry passenger train between Mellmaruvathur and Pondicherry from 26.02.2014 to 03.03.2014.  The stations located in the train route were specifically alerted about the cancellation of the train service between Melmaruvathur and Pondicherry during the above period. Since Korukkupet Railway Station does not lie in the train route, the unreserved tickets had been issued at the request of the Complainant and for which the Complainant should have applied for refund of fare for the untravelled portion, but the Complainant did not apply and so the Railway Administration could not give refund. The Railway Administration had given wide publicity to the partial cancellation of service of the three passenger trains from 26.02.2014 to 03.03.2014 by announcing the news in the press and also alerted the entitled route stations for issuing tickets accordingly.   The Opposite Parties have also not denied refund of the fare due; there exists no element of negligence or Deficiency in Service on the part of the Railway Administration.  The Complainant lodged a written Complaint with the Korukkupet station master on the same day evening but did not surrender the tickets for obtaining refund of fare for the untraveled portion of the unreserved tickets. Since the tickets were not surrendered and also because no specific request had been received from the Complainant, refund as above could not be given. In reply to the Complaint however, the Railway Administration issued letter dated 09.05.2014 explaining the reasons why the extension ticket was not issued to the Complainant and also the fact of the dislocation of the passenger train service on 27.02.2014. Since the  reasons furnished by the Railway Administration to the written Complaint were genuine and also because the Complainant had straightaway filed the consumer Complaint without approaching the Railway Administration for giving refund of the fare due, the Complainant’s  allegations of Deficiency in Service and unfair trade practice are not sustainable, false and liable to be rejected with costs.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

 

 

 

4. POINT NO :1 

          It is an admitted fact that the Complainant is a season ticket holder of the Suburban Train from Korukkupet to Tambaram Railway Station and his season ticket is Ex.A2 and season ID is marked as Ex.A1 and on 27.02.2014 the Complainant at about 4.30.p.m went to the 2^nd Opposite Party Railway Station and purchased two II-class ordinary ticket for his wife and mother-in-law from Korukkupet to Pondicherry and after that since he was having season ticket up to Tambaram, he requested to issue an extension ticket from Tambaram to Pondicherry to travel in the Pondicherry passenger and the 2^nd Opposite Party person in the counter told him that such extension ticket is not permissible to issue at Korukkupet Station and the Complainant can purchase the same at Tambaram Station and thereby refused to issue the extension ticket.

          5. According to the Complainant the Opposite Parties have committed two kinds of deficiencies

1. The 2^nd Opposite Party refused to issue extension ticket from Tambaram to Pondicherry to travel in the Pondicherry passenger.

2. The Complainant learnt at Egmore Railway Station counter clerk that there was no train service up to Pondicherry, the service available only up to Melmaruvathur and not beyond Melmaruvathur and then he purchased ticket from Tambaram to Melmaruvathur at Egmore itself and when there is no train beyond Melmaruvathur, the 2^nd Opposite Party counter clerk issued the ticket wrongly up to Pondicherry for no service route  is deficiency on the part of the Opposite Parties.

          6. The Complainant pleaded in his Complaint that “inspite of the issue of extension ticket is permissible from the 2^nd Opposite Party railway station the above counter clerk refused to issue the above extension ticket.” The Complainant wrote Ex.A5 Complaint dated 27.02.2014 at Korukkupet Station regarding the incident occurred in the station at the time of purchasing the ticket. For the said Complaint the Opposite Parties public grievance cell sent Ex.A6 reply dated 09.05.2014 to the Complainant. In the said reply they have stated that journey extension ticket was not able to issue for non suburban section and the counter clerk had advised the Complainant to purchase a ticket between Tambaram and Pondicherry at Korrukkupet and however the counter clerk had issued other two tickets from Korrukupet to Pondicherry has demanded by the Complainant. Therefore from the forgoing discussions, the Complainant asked extension ticket from Tamabaram to Pondicherry in continuation of his monthly season ticket and that was only refused by the counter clerk.  However as advised by  the counter clerk at 2^nd Opposite Party station,  the Complainant has not opted to buy ticket Tambaram to Pondicherry as stated in Ex.A6. Therefore, the 2^nd Opposite Party refused to issue extension ticket from Tambaram to Pondicherry at the 2^nd Opposite Party ticket counter is not deficiency on the part of the 2^nd Opposite Party counter clerk.

          7. On 27.02.2014 the Pondicherry passenger train service available only till Melmaruvathur and not beyond Melmaravathur. However, the 2^nd Opposite Party counter clerk issued two tickets to the Complainant Korukkupet to Pondicherry establish that the train service of Pondicherry passenger is available on the day. In Ex.A6 it has been stated that, the counter clerk was not appraised about the dislocation of train services beyond Melmaruvathur. When such is the position, the fact of dislocation of train services beyond Melmaruvathur should have been intimated to the 2^nd Opposite Party station and all other station in order to avoid the problem faced in this case.

8. The Opposite Parties pleaded in the written version that “the station located in the train route were specifically alerted about the cancellation of the train services between Melmaruvathur  and Pondicherry during that period 26.02.2014 to 03.03.2014 and since the Korukkupet station does not lie in the train route. The Korukkupet Station does not lie in the train route is not an acceptable reason that the ticket issued for the no service route.  As soon as the trains are cancelled the same should have been intimated to all the booking counters by the administration of the railway. In this case the Opposite Parties failed to alert the 2^nd Opposite Party counter clerk about the no train service about the Pondicherry passenger beyond Melmaruvathur and the counter clerk issued two tickets up to Pondicherry is deficiency on the part of the Opposite Parties and hence, it is held that the Opposite Parties have committed deficiency in service in this respect.

9. POINT NO:2

          The Complainant prayed to refund the fare from Melmaruvathur to Pondicherry for two tickets. However the refund of amount was not mentioned by the Complainant in his Complaint. Even then the Opposite Parties would have the knowledge about what could be the fare from Melmaruvathur to Pondicherry. Therefore, it would be appropriate to order that the Opposite Parties shall calculate such fare from Melmaruvathur to Pondicherry for two tickets and refund to the Complainant. The 2^nd Opposite Party issued ticket for the no service area and due to that the Complainant suffered with mental agony is accepted and for the same, it would be appropriate to order a sum of Rs.5,000/- towards compensation and also to pay a sum of Rs.5,000/- towards litigation expenses.

           In the result the Complaint is partly allowed. The Opposite Parties 1 & 2 jointly or severally are ordered to calculate the fare from Melmaruvathur to Pondicherry for two tickets and  to refund to the Complainant and also to pay a sum of Rs.5,000/- towards compensation for mental agony, besides a sum of Rs.5,000/- towards litigation expenses.

          The above amount shall be paid to the Complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 27^th day of February 2017.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 09.09.2013                   Identity card issued by 2^nd Opposite Party

 

Ex.A2 dated 09.12.2013                   Season Ticket issued by 2^nd Opposite Party from

                                                     Korukkupet to Tambaram valid from 09.12.13 to

                                                    08.03.2014

 

Ex.A3 dated 27.02.2014                   Ticket issued from Korukkupet Pondicherry at

                                                    Korukkupet Railway Station

 

Ex.A4 dated 27.02.2014                   Ticket issued from Tambaram to Melmaruvathur

                                                 at Egmore Railway  station

 

Ex.A5 dated 27.02.2014                   Complaint recorded in Complaint book at

                                                    Korukkupet Railway Station

 

Ex.A6 dated 09.05.2014                   Reply given by the Opposite Party

 

Ex.A7 dated 28.06.2014                   Letter from the Complainant to Opposite Party

 

Ex.A8 dated 30.06.2014                   Acknowledgements Card from Opposite Parties

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTIES :

 

Ex.B1 dated 24.02.2014                   Southern Railway Chennai Division Letter

 

Ex.B2 dated NIL                     Times of India News Paper

 

 

 

MEMBER – II                                                               PRESIDENT