Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order :  31.03.2016

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite parties to pay actual loss Rs. 10,000/- along with interest @ 14% from the date of actual loss dated 08.01.2014 to 21.01.2014 in the name of unnecessary and / or unwarranted flight charge and medical treatment till realization.
2. To pay Rs. 1,00,000/- ( Rs. One Lakh only ) as compensation.
3. To pay Rs. 5,500/- ( Rs. Five Thousand Five Hundred only ) as litigation costs.

2. The facts of this case lies in a narrow compass which is as follows:-

The complainant has asserted that he has purchased a Railway Ticket from opposite party no. 1 on 14.01.2016 in order to travel from Patna to New Delhi. The aforesaid ticket issued by opposite party no. 1 was confirm railway ticket according to which the complainant was allotted birth no. 2 in compartment A1. The aforesaid compartment was AC2 (2^nd class AC) in Sampoorn Kranti.

It is also the case of the complainant that during travel the opposite party gave pillow and bed sheet to the complainant which was not properly clean and it was in very bad condition which the complainant accepted to avoid complication in journey.

It is further case of the complainant that about 1-2 P.M. in the night the complainant noticed that some cockroaches (Telchatta) are moving on pillow and bed sheet which were being used by the complainant. The complainant informed the railway staff about this matter but his oral complaint to railway running staff became fruitless and his problem was not solved. Thereafter he requested repeatedly to the railway staffs who were in that compartment either to change the pillow and bed sheet or to spray anti cockroaches gel etc. or medicine near by the birth so that travelling to New Delhi can be completed peacefully but railway staff did not pay heed to his complaint and thereafter he wrote entire matter briefly in the complaint book of opposite party which has been annexed in this complaint as annexure – 1.

The authority of the opposite parties took his ticket at New Delhi railway station, the photocopy of the entry made by complainant in complaint book has been annexed as annexure – 1.

It is also the case of the complainant that as he is patient of mental depression and as such his blood pressure soared up at dangerous level and he also developed other related problem as he could not sleep in that night as the cockroaches were plying in the pillow and bed sheet.

Complainant has also asserted that due to aforesaid fact his whole purpose of travelling collapsed as the complainant element turned into serious nature and the complainant did not meet the Doctor in New Delhi and he was compelled to return by flight to Patna.

Thereafter the complainant consulted a Doctor for the purpose of his first treatment who after examination prescribed certain medicine to him and also referred him to senior Dr. Gopal Prasad. The aforesaid prescription of Dr. Om Prakash has been annexed as annexure – 3 and the prescription of Sr. Dr. Gopal Prasad has been annexed as annexure – 4.

After checkup Dr. Gopal Prasad fixed appointment on 21.01.2014 and after examination has confirmed that the complainant was suffering from problem for about 10 years and prescribed medicine which he has purchased after paying Rs. 783/-, the bill has been annexed with the prescription of Dr. Gopal Prasad with annexure – 4.

The complainant has alleged and asserted that aforesaid act and omission amounts to deficiency on the part of opposite parties because the aforesaid act has resulted in metal agony, physical harassment and financial loss etc of the complainant.

On behalf of opposite parties a written statement has been filed in which it is stated that pest control work was outsourced by the mechanical department of coaches of trains (primary of Danapur Division), the AC coaches are being attended on fortnight basis as per railway board norms and the coach in which the complainant was travelling was lastly attended on 19.12.2013 as per schedule for pest and rodent control by the contractor.

It has been further asserted that when any complaint is received from complainant a penalty of Rs. 1,000/- only per time is imposed against the pest control contractor as per agreement. In the instant complaint also Rs. 1,000/- has already been imposed by pest control contractor and the said penalty amount has been deducted from the bill of pest control contractor vide annexure – A.

However the opposite parties have denied the allegation of the complainant.

It has been further stated in the written statement that “it is submitted that it is also not possible to spray anti – cockroach insecticide at around midnight when complaint is made as all the reservist of AC coach remains sleeping at around midnight and they may feel disturbance in sleeping” (Para – 8 of written statement).

It has been submitted by the opposite party that in the complaint petition, the complainant has asserted that he had boarded in A1 (2AC) birth no. 2 but in suggestion cum complaint book had written that he boarded in A1 (2AC) birth no. 1 which is contradictory to his earlier statement.

Heard the learned counsel for the parties and perused the record.

The fact asserted by both the parties have been narrated in forgoing paragraphs briefly.

The very fact is that the complainant was bonafide passenger and was travelling in Sampoorn Kranti on valid ticket has not been denied.

From bare perusal of the annexure – 1 as well as annexure – B it is crystal clear that the complainant was travelling in the train and faced with the situation as alleged in his complaint petition.

It is surprising that the only defense of the opposite parties are that the concerned contractor have been fined Rs. 1,000/-. In our opinion the very existence of annexure – B clearly vindicate the grievance of the complainant.

It is disgusting that a bonafide passenger of class 2AC has to suffer much and could not sleep in the night due to cockroaches in bed roles and pillow and concerned staff did not pay heed to senior citizen (retired D.S.P.) which has resulted in serious illness to the complainant.

So far the return of the complainant by flight is concerned, in our opinion this fact is not connected with the aforesaid grievance of the complainant because it was his decision which has no concern with opposite parties.

However the aforesaid fact definitely constitute deficiency on the part of opposite parties who are jointly and severally responsible for this.

Hence we direct the opposite parties jointly and severally to pay a token amount of Rs. 50,000/- to the complainant within the period of three months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay an interest @ 12% on the aforesaid amount of Rs. 50,000/- till its final payment.

The aforesaid token amount includes compensation and litigation costs for mental illness and harassment.

Accordingly this complaint stands allowed to the extent indicated above.

                              Member                                                                                        President