DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 31st day of May 2011
Present : Smt. Preetha.G. Nair, Member
: Smt. Bhanumathi.A.K, Member Date of filing: 5/8/2010
(C.C.No. 96/2010)
Muhamed Hussain,
Govt. Pensioner,
Thiruvathakath House,
Main Bazar,
P.O.Pattambi – 679 303.
Palakkad. _ Complainant
(By Party in Person)
V/s
1. Station Master
Quilandy Railway Station,
Southern Railway.
(By Adv.T.R.Rajagopalan)
2. Divisional Commercial Manager,
Southern Railway,
Palakkad
(By Adv.T.R.Rajagopalan)
3. Divisional Railway Manager
Southern Railway Thycad (PO),
Thiruvananthapuram
(By Adv.T.R.Rajagopalan)
4. General Manager
General Manager's Office
Southern Railway, Chennai.
(By Adv.T.R.Rajagopalan)
5. Chairman
Railway Board,
New Delhi
(By Adv.T.R.Rajagopalan)
6. Union of India
New Delhi
(Rep.by Southern Railway,
Chennai) - Opposite parties
(By Adv.T.R.Rajagopalan)
O R D E R
By Smt. BHANUMATHI A.K. MEMBER
Complaint in brief is as follows:
Complainant is a Senior Citizen having age of 76 years and also physically handicapped. He has programmed a pleasure trip to New Delhi alongwith his friend Mujib Rahman and an escort Moideenkutty. The complainant has reserved II Class sleeper ticket for three persons from Quilandy to HZT Nizamudheen by 2617 Superfast Express on 27/7/08. Train ticket No.D700070 at Quilandy Railway station to travel by 2617 superfast express on 6/8/08 by paying Rs.975/ As per the reservation birth was allotted in S6 coach against the berth No.12, 19, 14. On 6/8/08, the complainant along with other two persons entered train No.2617 from Quilandy and travelled by the same train upto HZT Nizamudheen. During journey on 7/8/08 at about 2 pm when complainant went to toilet and after using toilet it was found that there was no water to use. Complainant was helpless and he could not come out from toilet in the same condition. After some time Moideenkutty who escorting the complainant has come and knocked the door and complainant told him the condition. He has gone to the seat and brought water which was purchased and kept for drinking purpose during journey for use. The same was reported to TTE who was available in the coach on duty. He has assured that he will make necessary arrangements to fill up water from Lagathpuri Railway station. Accordingly he has arranged water at Lagathpuri station when the train reached. During this period there was no water with them for drinking purpose. Further the berth alloted to him was in a torned condition and stitching was not in the proper level and some nails were also in exposed condition.
When the complainant returned from HZT Nizamudheen on 14/8/08 by Superfast train No.2618 at about 12.30 there was no water found in the water tap in wash basin and also inside the toilet. It was found in place of tap pieces of cloth were pushed into the pipe and the same were in dirt and in loose condition. The condition of water arrangement was same till reaching at Pattambi even though the same was reported to TTE who was available in the coach.
After arrival at Pattambi the complainant had made a complaint to Commercial Manager Southern Railway, Palakkad on 25/8/08. But Divisional Railway Manager, Palakkad has replied that train No.2617, 2618 Express is maintained by Thiruvananthapuram Division and the complainant has further sent complaint to Additional Divisional Railway Manager, Thiruvananthapuram. But no reply was received from the Southern Railway, Thiruvananthapuram. Again the complainant sought few information from the Public Information Officer, Thiruvananthpauram. After receiving RTI application, a letter was sent by Public grievance cell, Thiruvananthapuram.
The complainant had paid Rs.1962/ for the journey to HZT Nizamudheen and back to Pattambi. He has proceeded to Delhi to have a pleasure trip and to meet his friends in the old age of 76 years. But the journey itself because miserable due to non availability of basic amenities which is to be provided by the respondents. So the complainant seeking an order directing the opposite parties to pay an amount of Rs.1,20,000/- as compensation for mental agony and Rs.2000/- as cost of the proceedings.
Opposite parties entered appearance and filed version denying all the allegations put forward by the complainant.
Opposite parties contented that the Chairman, Railway Board, New Delhi who has no roll in the day to day administration and functioning of the Railway. The entire administration is done by the various divisions and the Railway Board is the authority consisted for taking policy decision in consultation with the Central Govt. So Chairman Railway Board is an unnecessary party to the proceedings. Another contention of the opposite party is that the compensation claimed in the complaint is in respect of the 3 persons of whom only one person has filed the complaint. It is not disclosed in the complaint how the complainant is competent to claim relief of compensation for and on behalf of the other 2 persons.
The opposite parties denies the allegations raised by the complainant regarding the non availability of water. The train going to Nizamudheen the first watering station is at Ernakulam and next station is Mangalore Junction. In both the stations the Coaches were clearly filled with water. Even during the course of the journey when the complainant complained to the TTE about the absence of water that was duly attended at the next station and the water was provided. There has been no deficiency of service at any point of time either in the train going to Nizamudheen or in the return journey. The complainant has not given any written complaint during the course of the journey but he gave a vague complaint after several days. The opposite party also say that the coaches are very clean before the train started and at the destination so opposite parties prays for the dismissal of the complaint with cost.
Both parties filed their respective affidavits. Ext.A1 to A7 series marked on the side of the complainant. Of these Ext.A5 – A7 marked with objection. Ext.B1 to B7 marked on the side of the opposite parties. We have gone through the entire documents on record.
Matter heard.
The issues to considered are
Whether Chairman, Railway Board, New Delhi is an unnecessary party in the proceedings or not ?
Whether there is any deficiency of service on the part of opposite parties ?
If so, what is the relief and cost the complainant entitled to ?
Issue No.I
Opposite parties raised a contention that Railway Board Chairman, New Delhi has no roll in the day to day administration and functioning of the Railway. The entire administration is done by the various divisions and the Railway Board is the authority constituted for taking policy decision in consultation with the Central Govt. So the Chairman, Railway Board, New Delhi is an unnecessary party to the Proceedings.
As Chairman Railway Board, New Delhi is the Superior authority of all the Railway zones, he is a necessary party in the proceedings. The Train No.2617 reaches its destination after passing through many railway zones. Hence issue No.1 is answered in favour of the company.
Issues II & III
The complaint is regarding the deficiency in service for non availability of water in the coaches and other inconvenience caused to the complainant while he travelled in train No.2617 from Quilandy to Nizamudheen on 6/8/08 and returning in train No.2618 from Nizamudheen to Pattambi on 14/8/08. So the complainant claim an amount of Rs.1,22,000/- as compensation for mental agony and financial loss.
While the complainant traveling in Train No.2617 from Quilandy to Nizamudheen on 7/8/08 faced may inconvenience due to the non availability of water in the coach. It is to be noted that when the complainant informed about the non availability of water to the Travelling Ticket Examiner, he made necessary arrangements and filled water from Lagathpuri station. When the complainant returned from Nizamudheen to Pattambi also there is no water in the coach. The same was reported to the TTE, but no action was taken to solve the problem till reaching at Pattambi.
In Ext.B4 document it is written as 'One coach not watered' which shows that there is possibility of non availability of water in the coaches.
Ext.A7 series shows the worse condition of the water taps and toilet in the coach. It is the responsibility of the railway authorities to provide basic amenities for the passengers.
Again the complainant suffered some inconvenience due to the bad condition of the coach. But these allegations are not supported by any documents.
The complainant claimed compensation for his two friends also. It cannot be considered as they are not at all made a party in the proceedings.
From the above discussions we are of the view that there is deficiency of service on the part of opposite parties in providing water in the coach.
In the result complaint allowed. The opposite parties are jointly and severally directed to pay an amount of Rs.5,000/- (Rupees Five thousand only) as compensation for mental agony and inconvenience caused to the complainant and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.
Pronounced in the open court on the 31st day of May 2011
Sd/- Smt.Preetha.G.Nair
Member
Sd/-
Smt.Bhanumathi.A.K
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Copy of Train Ticket N0.09290882
Ext.A2 – Copy of letter sent to Commercial Manager, Souther Railway,
Olavakkode by the complainant dtd.25/8/08
Ext.A3 – Copy of letter sent to Additional Divisional Railway Manager, Southern
Railway, Trivandrum by the complainant dtd.10/11/08
Ext.A4 – Copy of letter sent by Chairman, Public Grievances, Southern Railway
dtd.25/11/08 to the complainant
Ext.A5 – Copy of application submitted under RTI Act by the complainant
dt.24/5/09
Ext.A6 – Copy of Reply letter RTI application dt.5/5/10
Ext.A7 series – Photos and one CD regarding the places visited during the
journey.
Exhibits marked on the side of the opposite parties
Ext.B1 – Copy of repairs and maintenance register of train No.2618/2617
Ext.B2 – Copy of daily performance report of water filling and cleaning of train
NO.2618 / 2617
Ext.B3 – Copy of report regarding water filling of train No.2617 by Railway
Supervisor Hamsakutty
Ext.B4 – Copy of report regarding water filling of train No.2618 by Saimon
Antony
Ext.B5 – Copy of maintenance report register of train no.2618 / 2617
Ext.B6 – Copy of letter by Bhopal West Central Railway regarding water filling
in the train NO.2617 / 2618 from Itarsi and Bhopal Station.
Ext.B7 – Copy daily register regarding water filling, maintenance, cleaning
issued by Sr.Divisional Mechanical Engineer, New Delhi.
