The present appeal is directed against the Order, dated 03.07.2014 passed by the Ld. District Consumer Disputes Redressal Forum, Kolkata, Unit -II, in CC No. 375 of 2013, whereby the complaint was allowed on contest with cost , compensation and punitive damages against the OP. The Complainant’s case, in brief, was as follows: The Complainant purchased on 21.08.2013 an e-ticket for journey from Jasidih Jn. to Howrah for self , wife , sister and brother-in-law on 21.09.2013 by DN 12024 Patna-Howrah Janasatabdi Express . He was allotted the window side Seat No. 36 in Coach No. DR1. On boarding the train he found that the Seat No. 36 in Coach DR 1 was occupied by another passenger . He requested the said passenger to vacate the seat, but he refused, showing his e-ticket in which it was found that the same seat was allotted to him also. When the Ticket Checker came, the entire matter was narrated to him with a request to arrange a window side seat so that the Complainant would avoid discomfort and sufferings, as he was a patient of high blood sugar , blood pressure, knee pain and some kind of pulmonary discomfort. No help was extended by the TTE. Allegedly, after reaching home, he felt ill and consulted Dr. G.C. Saha at night . He was advised complete rest for 7 days and thereafter it took about two weeks to recover. Because of the sufferings during his journey for about 5 hours , he filed a complaint before the Ld. Forum below seeking a compensation of Rs. 2 lakh from the General Manager, Eastern Railway, Fairlie Place, Kolkata 700001. The complaint has been contested by the OP, i.e., General Manager, Eastern Railway, who in their written version, contended , inter alia , that the Ld. Forum below does not have territorial jurisdiction in adjudicating the complaint matter as the Train No. 12023/12024 Howrah-Patna-Patna-Howrah Janasatabdi Express belongs to the East Central Railway administration having its Headquarters at Hajipur and the reserved coaches of the said train are manned by the ticket checking staff of Patna under East Central Railway. It was also asserted that the Complainant’s allegation about allotment of Seat No. 35 is wrong as Seat No. 36 was allotted as per Reservation Chart and both the Seat Nos. 35 and 36 are window side seats. Eastern Railway was in no way responsible for any deficiency in service. Upon examination of the e-ticket under PNR No. 6322 716431 booked through IRCTC website for journey of the Complainant and other 3 passengers in second sitting class for 21.09.2013 from Jasidih to Howrah Junction, Ld. Forum below observed that seat No. 36 was allotted to the Complainant while seat No. 35 was allotted to another passenger, named, Mr. Rakesh Gupta. Ld. Forum below also observed that the Complainant and his family members boarded the train at Jasidih Station . It was also noted that one person named, U.N. Mishra had reserved from Patna to Jasidih against Seat No. 36. The seat being vacated by him at Jasidih, the Complainant should have occupied the said Seat No. 36. But as per the reservation chart, the Seat No. 35 was booked by one Rakesh Gupta for his journey from Patna to Howrah. In that case, the Complainant’s allegation that his Seat No. 36 was occupied by a non-reserved passenger at the behest of the TTE is well proved which implies that valid reserved seat of the Complainant was sold by the TTE to an unauthorized person. Accordingly, the Ld. Forum below allowed the complaint on contest with a cost of Rs. 10,000/- and with direction upon OP to pay a compensation of Rs. 35,000/- to the Complainant for causing mental pain, agony, harassment and sufferings, apart from payment of punitive damages of Rs. 5,000/-, which was ordered to be deposited to the Forum. |
Being aggrieved by and dissatisfied with the Order of the Ld. Forum below , the OP/ Appellant has come up before this Commission with a prayer for direction to set aside the impugned order. The memorandum of appeal has been filed with copies of the impugned order , the petition of complaint and the W.V. submitted by the OP before the Ld. Forum below among other documents including evidence of the Complainant all of which have been carefully gone through. Ld. Advocate appearing for the Appellant submitted that the Ld. Forum’s order suffers from legal infirmity in so far as the Train No. 12023/12021 , Howrah, Patna – Patna – Howrah Janasatabdi Express belongs to East Central Railway administration , the Headquarter of which is at Hazipur and the reserved coaches of the said train are manned by the ticket checking staff of Patna under East Central Railway. Accordingly, the complaint was liable to be dismissed on the ground of non-joinder / mis-joinder of party. The General Manager, Eastern Railway has been illegally dragged into the complaint case and the allegation about unfair trade practice against the said Railway Division was not at all maintainable. The complaint should have been dismissed on that score alone by the Ld. Forum below. Again, it was not at all true that the Complainant/Respondent fell sick during the course of the journey from Jasidih to Howrah as no such report of sickness was lodged with the OP / Eastern Railway authority. Further, the reservation chart of coach No. DR1 of the train shows that the seat No. 36 was allotted to the Complainant / Respondent while the seat No. 35 was allotted to another passenger ,namely, Sri Rakesh Gupta . There was no deficiency in service on their part and accordingly the complaint was liable to be dismissed against the OP. |
The authorized representative of the Respondent / Complainant submitted that the allegation of the OP / Appellant that the Ld. Forum below did not have the territorial jurisdiction does not stand as the Complainant travelled by such a train as was not specifically categorized as a train of East Central Railway . Even if it was so , the OP Eastern Railway filed written version before the Ld. Forum below and defended the case of the East Central Railway with evidence , namely , Reservation Chart and seat alignment in the concerned coach. It was as if they are contesting for Eastern Railway . In fact, the Appellant preferred the present appeal against the order of the Ld. Forum below , but stayed away from another appeal filed by the Complainant / Respondent arising from the same impugned order . The order of this Commission in that appeal (FA/797/14) has been up held by the Hon’ble National Commission vide their order dated, 30th September, 2015 in Revision Petition No. 1339 of 2015 and by that order Hon’ble National Commission has held that there was no illegality , irregularity or jurisdictional error in the impugned order passed by this Commission in FA/797 of 2014. In view of the said order of the Hon’ble National Commission , this appeal deserves to be dismissed . Decision with Reasons : It is a fact that the Complainant purchased e-tickets for their journey between Jasidih and Howrah Station by Coach No. DR-I of the Train No. 12023/12024 Howrah -Patna -Patna-Howrah Janasatabdi Express and it revealed from material on record that seat No. 36 was allotted to the Complainant , while the seat No. 35 was allotted to another passenger, namely, Sri Rakesh Gupta. So the allegation of the Complainant that seat No. 35 being a window side seat was unauthorizedly occupied by another passenger and the Complainant / Respondent was deprived of such seat was not proved. It is also a fact that the train in which the Respondent / Complainant was travelling was not shown as a train controlled and managed by East Central Railway, as argued by the authorized representative of the Respondent / Complainant . Further, the Appellant /OP Railway authority appears to have defended the alleged case of the East Central Railway with evidence to disprove the contentions of the Respondent / Complainant. In this connection , the Complainant’s submission vide his evidence of affidavit dated 10.03.14 filed before the Ld. Forum below deserves mention that his allegation is against Railway administration for rendering negligent service in e-ticket booking , i.e., the same seat being booked to two bonafide passengers and also for deployment of wrong coach which is incapable of accommodating the passengers booked in advance. It is all more important that Hon’ble National Consumer Disputes Redressal Commission has vide their order dated 30th September , 2015 in Revision Petition No. 1339 of 2015 upheld the order passed by this Commission in appeal No. FA/797/14 with specific observation that there was no illegality, irregularity or jurisdictional error in the impugned order. In view of the matter as stated the present appeal does not have any leg to stand on and deserves to be dismissed. Hence, Ordered That the appeal be and the same is dismissed on contest without cost. The impugned order stands confirmed. There shall be no order as to cost. |
