Orissa

Jharsuguda

CC/79/2017

Sunil Kumar Suman C/O- Mr. Bijay Sahu - Complainant(s)

Versus

Station Manager, Nizamuddin Railway station New Delhi. - Opp.Party(s)

Sunil Kumar dash

30 Jan 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                                        

                                                          CONSUMER COMPLAINT CASE NO. 79 OF 2017

 

Sunil Kumar Suman,

C/O: Mr. Bijay Sahu,

R/O: Koyala Dippo, Mangalbazar,

PO/PS/ Dist- Jharsuguda, Odisha………………………………………………….……………..………..Complainant.

     

                                           Versus 

 

1. Station Manager,

Nizamuddin Railway Station,

New Delhi.

 

2. OIC, GRP,

Nizamuddin Railway Station,

New Delhi.

 

3. D.R.M.,

New Delhi, Railway Authority,

New Delhi.……………….…........................................................ Opp. Parties.

 

Counsel for the Parties:-

 

For the Complainant                           Sunil Kumar Dash, Adv. & Associates.

For the O.P.No. 1 & 3                        M.K.Tiwary, Government Pleader

                                                           & H.K. Purohit, Advocate.

For the O.P.No.2                                Self (Representative)

 

Date of Order: 30.01.2018

 

Present

                                           1. Shri Sundar Lal Behera, President.

                                           2. Shri Santosh Kumar Ojha, Member.

                                           3. Smt. Anamika Nanda, Member (W).

 

Shri Santosh Kumar Ojha, Member. :-  The Consumer Complaint in brief is that, the complainant with his family members went to Vaishnodevi from Jharsuguda JN via Hazrat Nizamuddin, New Delhi station through train.  While returning to the destination, at Hazrat Nizamunddin railway station on dtd. 16.06.2017 the complainant and his family members were waiting for the train vide train No. 18478 (Kalinga Utkal Express) on platform No. 02 / 03 with their reservation E-ticket vide PNR No.2811144898 having Transaction ID- 100000804991766. At the same time the father of the complainant who is a senior citizen went to use toilet. Due to non-availability of any public toilet on the said platform he was searching for any open place where he fell down on the platform and after searching to him here and there and contacted with railway inquiry the complainant found that his father was shifted to IIMS Hospital, Trauma Centre, New Delhi for treatment.  The complainant went to his father at the hospital and found that his father was under treatment due to injury on head, face and some body parts and he was out of sense.  After some times the said father of the complainant recovered the sense.  The complainant and his family shocked.  The complainant and his family members lost the said train due to the incident and bound to came with another train by paying charges of tatkal ticket.  The complainant contacted with several authorities of Indian Railways through Twitter massage even with Railways Minister asking about “Swatchha Bharat Abhiyan” but no reply came out.  The complainant alleges that due non having of any public toilet on the said platform the father of complainant got injured, lost the train, suffered both mentally and physically as well as the children lost their examinations and many more.  The complainant seeking proper relief, filed the case before this Hon’ble Forum along with relevant documents.

            In reply, the O.Ps. appeared and filed their written versions.  The O.P.No.2 (Station House Officer, PS- Hazrat Nizamuddin Railway Station, New Delhi) who appeared through his representative and submitted that, “xxxxxxx on 16.06.2017, a memo from Suptd. NZM was received at Police Station regarding one person was lying injured at platform No. 2/3, Okhla Side, Over Bridge.  The memo was lodged at Police Station Hazrat Nizamuddin Railway Station vide DD No. 16 A and marked to HC Ramchander No. 740/RM for necessary action. The injured was taken to AIIMS Trauma Center.  On receiving DD entry, HC Ramchander reached AIIMS Trauma Center where Shri Ramesh Jha S/O. Shri Babu ji Jha R/o- M 2/401 BPSL colony Sambalpur Orissa was found under treatment vide MLC No. 500029495/16 JUN2017.  Injured Shri Ramesh Jha stated that due to non-availability of Toilets at platform No. 2/3, he went for urination near Railway track (near outer malgodam), where he fell down due to passing of train and became unconscious and get injured.  No foul play was suspected by him. Xxxxxxxxxxx”

            The O.P.No.1 and O.P.No.3 appeared and filed their written version jointly through a learned advocate and Government Pleader through their respective capacities. The O.P.No.1 and 3 submitted that the case is not maintainable due to lack of territorial jurisdiction and the complainant is not a consumer.  The O.Ps. also contended that Nizamuddin Railway Station is Grade-A  Railway Station of Northern Railway and as per the Policy / Yardstick all amenities are provided and the injury held due to negligence of complainant and prayed for the case to be dismissed.

 

            Heard from both the sides and gone through the case record. In support of his case the complainant filed copies of statement given to the GRP Hazrat Nizamuddin Railway Station, E-ticket, photographs of his injured father, online complaint, Aadhar Card, Medical Record, Printouts of several twitter messages and a railway ticket vide No.78678201. The O.Ps filed their written versions only in support of their case.

For proper adjudication of the matter, following issues are framed to be decided, such as :-

 

1. Whether the complainant can be treated as consumer or not?
2. Whether the case is maintainable on territorial jurisdiction point of view?
3. Whether the O.Ps have committed any deficiency in service?

On the very first and vital issue we have to go through the definition of consumer sought U/s-2(1)(d)(ii) of the Consumer Protection Act,1986 which reads as,

 “(ii)      hires or avails of any services for a consideration which has been paid or promised or partly paid and partly prom­ised, or under any system of deferred payment and includes any beneficiary of such services other than the person who 'hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes;”

In this case the complainant has himself purchased railway reservation e-ticket for himself and his other five numbers of family members including his father aged about 65 years vide PNR No.2811144898 having Transaction ID- 100000804991766, date of journey 16.06.2017 for sleeper class from H. Nizammuddin(NZM) to Jharsuguda JN(JSG) for train NO. 18478 ( Kalinga Utkal Express) by paying Rs.2825/-  only.  Thus the complainant will be treated as a consumer of the O.Ps. under the purview of the Consumer Protection Act,1986.

While deciding on the second issue we have to again follow the provision mentioned U/s-11 (2)-  

“A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,—

1. the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or
2. any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or
3. the cause of action, wholly or in part, arises.” 

                         The complainant purchased railway tickets for journey from Jharsuguda through online facilities. It means the O.Ps carries on their business from Jharsuguda through web so also it has branch office at Jharsuguda for which sub clause (a) and (c) of  clause (2) of U/s-11 of the Consumer Protection Act,1986 are  reflected and satisfied.  As such this Hon’ble Forum is competent to entertain the present case.

Before deciding issue no.3, we must read the definitions mentioned in the consumer Protection Act,1986 such as U/s-2(1)(o),   

“"service" means service of any description which is made avail­able to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;”

The complainant availed services of the O.Ps. under transport category not any free of charge but by paying Rs.2825/-  only.

So also the definition mentioned U/s-2(1)(g) of the Consumer Protection Act,1986  of,

“"deficiency" means any fault, imperfection, shortcoming or inade­quacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service;”

Now it has to decide what kind of deficiency/ deficiencies committed by the O.Ps. as per the provisions mentioned above.  The O.Ps. submitted that they have provided the facilities as per the policy guidelines but have failed to file any such relevant documents in support of their case except written version.

If we go through the Citizen Charter of Indian Railway Administration which reads as,

 “Citizen Charter

PREAMBLE

This Charter is a commitment of the Indian Railway Administration to:

      X   

      X

      X   

4. Ensure adequate passenger amenities in train and at railway stations

X

X

X         

X

CLEANLINESS

Every effort shall be made to keep railway premises clean and hygienic with provision of safaiwalas. Pay and Use toilets are also available at certain stations.

 

PASSENGER AMENITIES

Basic facilities like booking arrangements, waiting hall, Benches lighting, drinking water, platform, urinals, shady trees shall be available at all the regular stations. On board a train, lighting and fans, cushioned berths, toilets, reservation charts and destination board will be available. TTEs/Conductors, etc. shall also be available to attend to complaints/grievances.

PUBLIC GRIEVANCES

Railway Administration would ordinarily reply to the complainant within 90 days, where detailed enquiries are not required to be made and within 120 days, in case of complaints where detailed enquiries are warranted.

X

X”

 

So also, we must follow one circular issued by Government of India / Bharat Sarkar, Ministry of Railways / Rail Mantralay (Railway Board) bearing No. 05/TGIV/10/SAN/32/Pay & Use Policy New Delhi, dated 07.6.06 in favour of The General Managers, All Zonal Railways, Policy Circular No.46 -Commercial Directorate, in which Instructions have been issued vide Board’s letter No.2000/TGIV/10/29/Pay & Use Pol. dated 31.5.2000 laying down guidelines for introduction of ‘Pay & Use’ toilets.

In the said circular Government of India has made specifications about the amenities,

“POLICY FOR 'PAY & USE' TOILETS

The stations of Indian Railways have been classified into 7 categories viz. A-1, A, B,C, D, E & F. Deluxe Toilets should be provided in the circulating areas of A-1, A & B category of stations with value added services. Normal "Pay & Use" toilets should be available at platforms of A-1, A and B category stations at one end. At all suburban stations i.e. "C" category stations, normal toilets at appropriate places in sufficient number should be available since MEMU/DMU/EMU do not have toilets. At D, E and F type of stations also adequate number of "Pay & Use" toilets should be available at appropriate locations.”

 

In the present case the incident of felling down of the father of complainant (a senior citizen aged about 65 yrs.) taken place due to unexpected calling of nature at Platform No. 2/3 at Hazrat Nizamuddin Railway Station where there was no any such urinal / toilet facilities provided by the O.Ps or their concerned authority/ies. The complainant along with his other family member were waiting for their train at Hazrat Nizamuddin railway platform on dtd. 16.06.2017 as witnessed by O.P.No.2. In such relation we should also repeal the provisions of The Indian Railways Act, 1989.

U/s. (123) (2)(c) “"untoward incident" means-

 

(1)(iii) the indulging in rioting, shoot-out or arson, by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or”

 

It is very well established that the incidence occurred at Platform No. 2/3 of Hazrat Nizamuddin railway station on dtd. 16.06.2017 i.e. within the precincts of the said railway station. The said occurrence shall be treated as ‘untoward incident’ as per the aforementioned provision of the Indian Railways Act, 1989 which must be compensated.

U/s. 124(A) says that, “Compensation on account of untoward incidents.

 

When in the course of working a railway an untoward incident occurs, then whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a passenger who has been injured or the dependent of a passenger who has been killed to maintain an action and recover damages in respect thereof, the railway administration shall, notwithstanding anything contained in any other law, be liable to pay compensation to such extent as may be prescribed and to that extent only for loss occasioned by the death of, or injury to, a passenger as a result of such untoward incident.

 

Provided that no compensation shall be payable under this section by the railway administration if the passenger dies or suffers injury due to-

X

X

X

X

(e) any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incident.

 

Explanation.- For the purposes of this section, "passenger" includes-

 

x

(ii) a person who has purchased a valid ticket for traveling, by a train carrying passengers, on any date or a valid platform ticket and becomes a victim of an untoward incident.”

 

The complainant has purchased a valid ticket for traveling and the injury of his father caused by the said untoward incident as defined by the Indian Railways Act, 1989 on dtd. 16.06.2017 which is supported and witnessed by the O.P.No.2. The injury of said father of the complainant was so severe that he got unconscious and had to shifted to the Jai Prakash Narayan Apex Trauma Centre (AIIMS), Raj Nagar, New Delhi. The complainant and his other family members found their father ultimately after searching here and there and after making enquiries from the authorities of railways which caused immense harassment and mental agony.     

 

It is not only the matter of complainant’s senior citizen father but such types of events may be / would have been occurring at the railway platforms of across the nation where there is no any washroom / urinals / toilet facility. Call of nature may be alarming unexpectedly any time, at any place to any person either men, women, children, senior citizen, physically challenged person or to any patient or can say at any platform and it may be extended to a dangerous level (to life and death) if not found any urinal / toilet / washroom facility immediately on his / her platform particularly where there are number of platforms falling under any grade what so ever.

In present days the Government of India has taken major steps by initiating “Swachha Bharat Abhiyan” though out the country to make the nation clean. It is the dream of country to make clean to each and every street, society, village, cities etc. so why not to each and every railway platforms.

 

The abovementioned facts, circumstances, guidelines and points of laws reveals the gross deficiency in service committed by the O.P No.1 and 3 towards the complainant. Hence, the issue No. 3 is answered and on such grounds we are in considered opinion to allow the case of complainant and with implementing the provision U/s. 14(1)(e) and (d) of the Consumer Protection Act, 1986 directing the O.Ps. in the form of order as follows :-

ORDER

1. The O.P.No.1 and 3, so also the concerned authority/ies (if required) are directed jointly and severally to make suitable arrangements for construction of public toilets / urinals on every Platforms (except where such facility is available) of Hazrat Nizamuddin Railway Station as per the guidelines prescribed by the Government of India within 180(one hundred eighty) days from the date of receipt of this order.

                          

2. The O.P.No.1 and 3 are further jointly and severally directed to pay a sum of Rs.50,000/- (Rupees fifty thousand) only towards harassment, mental agony and cost of the case within 30(thirty) days from the date of receipt of this order, failing which the O.P.No.1 and 3 shall be liable for interest @12% p.a on the above mentioned awarded amount till its realization.

 

Accordingly the case is disposed of.

Order pronounced in the open court today the 30^th day of January’ 2018 and copy of this order shall be supplied to the parties as per rule. 

         

                 I Agree.                                          I Agree.                                                                                          

                                          

 

1. Nanda, Member( W)               S. L. Behera, President          S.K.Ojha, Member                      

             Dictated and corrected by me,

 

                     S.K.Ojha, Member.