By Jayasree Kallat, Member
The petition was filed on15.04.09. The complainant had reserved tickets from Kozhikode to Ernakulam and Ernakulam to Kozhikode in the Alappuzha Cannanore Express Train. The travel date was 04.04.2009 & 05.04.2009. Complainant had reserved tickets three months in advance because he had to take his daughter for an examination at Ernakulam. The complainant is alleging negligence and deficiency on the part of the opposite party as he could not avail the reservation facility. The complainant had to travel all the way from Ernakulam to Kozhikode standing in the train. Complainant had informed this matter then and there to the T.T.E and RPF, but he did not get any help from the railway authorities. As the complainant and his family had to travel standing all the way from Ernakulam to Kozhikode the health condition of both the complainant and his wife deteriorated. The complainant’s wife was admitted in a hospital due to Edema on the legs due to the negligence and deficiency of opposite party. Complainant and his family had to suffer physically, mentally and financially. Hence this petition is filed seeking relief from the opposite parties.
Opposite party No.1 filed version denying the averments in the complaint ,except those that are expressly admitted. Opposite party admits that the complainant had reserved 3 seats for their journey on 05.04.09 from Ernakulam Junction to Kozhikode. Opposite Party No.1 denies the statement that the complainant could not avail the reservation facility nor could stand in the train since the bogy was over crowded with passengers. The Ist opposite party is having the charge of Calicut Railway station only and the complainant did not have any difficulty while he boarded on train at Kozhikode railway station. The Station Master of Ernakulam Junction is coming under the jurisdiction of Trivandrum Junction. It was the responsibility of the passengers to avail the service rendered by the railways. Passengers are supposed to occupy their respective seats well in advance to avoid a possible rush at the starting time. As per the information given by the concerned TTE the complainant was not available in the respective seat to subject his ticket for verifications. The Railway administration is not responsible for any loss or sufferings suffered by the complainant as alleged in the complaint. As there was no deficiency in service on the part of the opposite party the petition is liable to be dismissed.
Opposite party No.2 was subsequently impleaded . Opposite Party No.2 also filed version denying the averments in the complaint. Opposite party No.2 submits that they are not a necessary party to this complaint. Opposite Party No.2 is not the station master of the train starting station from where the complainant had boarded. He has no knowledge or information regarding the list of reserved passengers in 6307 express of 05.04.2009. The competent authority to allot accommodation in train is the ticket examiner of the coach. Opposite party No.2 submits that the complainant could have cancelled his journey and obtained a refund if he had wished to discontinue his journey. There was no deficiency in service on the part of opposite party. NO.2 and hence the petition is liable to be dismissed.
Points for consideration-
1) Whether there was any deficiency on the part of the opposite parties?
2) Whether the complainant is entitled for any relief?
The complainant was examined as PW1 and Exts.A1 to A3 were marked on complainant’s side. No oral evidence adduced or documents produced on opposite party’s side.
Point No.1.
The case of the complainant is that he had reserved tickets for his family and himself to travel from Calicut to Ernakulam on 04.04.2009 and return back to Calicut from Ernakulam on 05.04.2009 on train No.6307 Cananore Express. The tickets were reserved 3 months before because the complainant’s daughter had to attend the entrance examinations at Ernakulam. Complainant had taken extra precautions and reserved the tickets much earlier as he was aware of the rush for tickets for the examinations. According to the complainant he had reserved tickets in advance so that he and his family could travel comfortably. The definite case of the complainant is that while returning back from Ernakulam on 05.04.2009 he could not get into the reserved compartment due to heavy crowd . Ext.A1 is the reserved tickets for the Cananore Express from Ernakulam to Calicut. A perusal of Ticket No.3037416 produced as Ext.A1 by the complainant shows that the ticket reserved did not become useful as he could not enter into the reserved coach. Complainant has produced Ext.A2 to show that his wife was admitted in the hospital C/o.Pain & swelling in Knee joint and feet region on 06.04.2009. The day after the troubled travel on 05.04.09 from Ernakulam to Calicut. Opposite parties had admitted the reservation of the tickets but has taken the stand that the complainant should have got into the train and occupied the reserved seats by himself. According to the complainant he had reserved the tickets so that he could travel smoothly without any miss happenings. But due to the negligence and inefficiency of the opposite parties the complainant had to suffer. Common man like the complainant reserves the train tickets in advance to avoid last minutes hurry burry and such difficulties. The railway should have taken care of the passengers who had reservations. During times like the event when this incident occurred the opposite parties should have given priority to the reserved passengers and made facility for them to at least aboard the train and get into the seats. Opposite party’s contention is that the complainant and his family should have got into the train and occupied their seats during such difficult times. The definite case of the complainant is that he had reserved the tickets to avoid such trouble. In this circumstances Railway should have been more vigilant and given proper service to the passengers who had expended money so that they will not face difficulties. After hearing both sides and taking into consideration all the facts in this case the forum has come to the conclusion that the railway especially the TTE in charge should have taken precautions and rendered service without any negligence and deficiency. If proper care was taken such a complaint would not have been risen at all. Hence we are of the opinion that there was negligence and deficiency of service on the part of the Railways and the TTE in charge. Point No.1 is thus proved.
Point No.2.
As the forum has found out that there was negligence and deficiency in service on the part of the opposite parties the complainant is entitled for relief. If so the question arises what should be the amount allowed to the complainant. In our opinion the complainant is entitled for an amount of Rs.2000/- as compensation for the physical and mental agony he had to suffer because of the deficient act of the opposite parties, along with a cost of Rs.300/-.
In the result the petition is allowed and opposite party is directed to pay an amount of Rs.2000/- along with a cost of Rs.300/- to the complainant within 30 days of receiving the copy of the order.
Pronounced in the open court this the 13th day of June 2011.
Date of filing:15.04.2009.
SD/-PRESIDENT SD/-MEMBER SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Journey Reservation ticket (2 in Nos) dtd 05.04.09.
A2. Medicine prescription of Praja Ayurveda Hospital dtd. 06.04.09.
A3. All India Preliminary Examination admission card dtd. 05.04.09
Documents exhibited for the opposite party:
Nil.
Witness examined for the complainant:
Nil
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT.
