Per  Shri H. M. Pateriya – Hon’ble Member.

               The complainant filed this complaint u/s 12 of Consumer Protection Act, 1986.

              The brief facts of the case are as follows:-

2.            The complainant Shri Himatlal B. Rathod aged about 83 years purchased ticket for his daughter Smt. Meena Gopal Chauhan and son in law Shri Gopal Chauhan for the journey from Gondia to Jabalpur via Balaghat.  As there is no direct train from Gondia to Jabalpur the complainant travelled along with his relatives from Gondia to Balaghat in ordinary passenger train and then from Balaghat to Jabalpur with confirmed reservation ticket in first class in Satpura Express Train No. 10001 vide PNR No. 623-7138779 with the date of Journey 18/01/2015.

3.            On the date of journey on 18/01/2015 the complainant and his relative boarded the train.  Since it was dark and the train was passing through the dense forest area the complainant tried to switch on light, but despite of best efforts they could not switch on the light of coach.  There was no light in first class coach of the train No. 10001 from Sikara station to Bargi station since there was no stoppage between Sikara station & Bargi station.  There was no TTE in the coach. 

4.            On reaching Bargi station around 6.15 p.m. the complainant’s relatives went to station master to lodge strong protest for non working of light in the coach.  The station master along with the technician made inspection and made necessary repairs & restores the light in the coach at Bargi Station itself.

5.            After reaching Howbagh (Jabalpur) the complainant’s daughter who was co-passenger Smt. Meena G. Chauhan made written complaint with station master explaining the non working of the light.  The complainant and his relatives have to travel in dark for 1.15 hours.

6.            Hence the opposite party had committed deficiency in service by non providing light in the first class coach.  The complainant has prayed to award Rs. 30,000/- (Rupees Thirty Thousand) to all the complainant’s relatives including him towards physical harassment & mental torture caused to them due to the deficiency in service.  The complainant declared that any compensation awarded by the court will be divided equally amongst them.  The opposite party be directed to pay Rs. 7,500/- towards the litigation cost.

7.            The complaint is registered and issued notice to the opposite party.   After receiving the notice the opposite party appeared before the forum and filed their written statement on 26/02/2016.

8.            In the written statement the opponent submitted that the complaint regarding no light in first class coach was received and the same was attended by the station manager with the help of the technician.  It clearly shows that the complaint of the complainant was treated with all seriousness and the station master himself leaving all the important work behind attended the coach personally.  The light was rectified at Bargi station itself.  It is also denied that there was no train ticket examiner available in the train.   The train ticket examiner was very much in the train and he did speak to station manager/Bargi and inform him about the fault.

              As per the schedule of the train No. 10001 it arrives at Shikara station at 17.42 hours and departs at 17.44 hrs. and reaching Bargi station on at 18.27 hrs. and departs at 18.29 hrs. on dated 18/01/2015.  This train left Shikara station at 17.52 hrs. and arrived Bargi at 18.35 hrs.  Thus it took 43 minutes not 1 hours & 15 minutes as in the complaint.

              The complaint was received on 19/01/2015 and on the same day i.e. 19/01/2015 interim reply was sent to the complainant.  Also the reply was sent to the complainant on 28/01/2015 mentioning that due to some electrical fault the light was off.  At Bargi station the light was put on with the help of station manager & Guard after some minor arrangement.  The proper attention was given to the complaint for the upkeep of passengers facilities and there is no deficiency of service and negligence in duty of the opposite party.  Hence the complaint is false, baseless, illegal and frivolous in nature and the complaint is liable to be dismissed in the interest of justice. 

9.            The complainant has filed documents as per page 12 to 22 on record.

10.                   The learned counsel for complainant Adv. Sudhir Rathod argued that there was no light in the first class coach of the train no. 10001 from Sikara station to Bargi station.  As the train was passing through the Satpura forest area it was very dark.  The co-passenger tried to switch on the light, but the co-passenger unable to bring light in the coach.  Hence complainant & co-passenger have suffered inconvenience and difficult to travel in the dark.  It is also argued that the Citizen’s Charter on passenger service of Indian Railway as mentioned at page 330 of all India Railway time table 2015-16 mentions the Passenger Amenities such as “Basic facilities like booking arrangements, waiting hall benches, lighting, drinking water, platforms,. Urinals, shady trees shall be available at all the regular stations on board a train, lighting and fans, cushioned berths, toilets, reservation chart and destination board will be available.  TTE’s / Conductors etc. shall also be available to attend to the complaints/grievances.

              The opposite party did not maintain the first class coach of Satpura Express in proper condition on the date of journey i.e. 18/01/2015 and this amounts to deficiency in service and negligence in duty on the part of the opposite party and hence opposite party is liable for compensation & damages.   

11.                   After hearing and going through the complaint and reply of the opposite party the following points came to be consideration.        

REASONING & FINDINGS

12.                    The complainant availed the services by paying necessary ticket charges hence the complainant is Consumer under sec. 2(1)(d) of Consumer Protection Act, 1986.  Hence issue No. 1 is decided accordingly.

13.                   The complainant travelled with his relatives on Dt. 18/01/2015 with confirmed ticket in the first class coach in Satpura Express train for Balaghat to Jabalpur.  It is seen that there was no light in the first class coach of Satpura Express train from Sikara to Bargi station and the complainant and his co-passenger forced to travel in dark as the train was passing through the dense forest.  It is true that the complainant and his co-passenger had suffered inconvenience due to non-availability of the light for 43 minutes.  The opposite party has also accepted vide letter dated 10/03/2015 that the light was not working for 43 minutes.  The Sr. Divisional Commercial Manager, S.E.C. Railway, Nagpur has also informed the complainant vide letter dated 28/01/2015 that due to some electrical fault the light was off.  At Bargi station itself with the help of station manager & Guard the light was put on after minor arrangement. 

              In the light of the above, the bench arrives at the conclusion that the complainant and his co-passenger had traveled & suffered in dark for 43 minutes on Dt. 18/01/2015 of first class coach of Satpura Express.  This is the deficiency in service on the part of the opposite party.  Hence the complainant is liable to get compensation for inconvenience and for mental torture & agony.  The opposite party is liable to pay Rs.5,000/- (Rupees Five Thousand only) towards compensation and Rs.2,000/- (Rupees Two Thousand only) towards the cost of litigation to the complainant as per following order.   

-: ORDER :-

1.            The complaint is partly allowed.

2.            The opposite party is directed to pay Rs.5,000/-     (Rupees Five Thousand) towards the compensation for mental torture & agony to the complainant along with Rs.2,000/- (Rupees Two Thousand) towards the cost of    litigation. 

3.            The opposite party is directed to comply the above order within 30 days from the date of receipt of this order.