BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 29/12/2012

Date of Order : 16/09/2014

Present :-

Shri. A. Rajesh, President.

Shri. Sheen Jose, Member.

Smt. V.K. Beena Kumari, Member.

C.C. No. 821/2012

Between

And

O R D E R

A. Rajesh, President.

1. The case of the complainant is as under :-

On 26-08-2012, the complainant was on the way to Tirupathi with his family and sister, from Ernakulam by Alleppy – Chennai Express. When they reached Chennai Central by 6.15 a.m., the Saptagiri Express to Tirupathi was ready for departure at 6.25 a.m. and hence they were unable to take tickets, thinking to avail tickets from TTE. When he asked tickets to the TTE, he harassed the complainant and his family in front of the co-passengers and charged a fine of Rs. 1,250/- in addition to the ticket charges of Rs. 225/- for 5 members. Immediately after reaching Tirupathi, the complainant lodged a complaint with Station Master. Thereafter, within a period of 2-3 weeks, the complaint received a reply from Guntakal DRM's office stating that the complainant has been referred to the ADRM's office, Chennai. After 2 months, the complainant sent a reminder to ADRM's office, Chennai, but till date neither has he got a reply nor refund from them. Thus, the complainant is before us seeking direction against the opposite party to refund Rs. 1,250/- together with a compensation of Rs. 4 lakhs. This complaint hence.

2. The version of the opposite party is as follows :-

The complainant has himself admitted that he boarded the Train No. 16057, Sapthagiri Express on 26-08-2012 without ticket thinking that he can avail the tickets from TTE. After the train crossed Arakkonam, which is at a distance of 69 Kms. from the originating station a squad TTE detected that the complainant was travelling without ticket and asked him to pay the fare plus penalty for regularising his journey upto Tirupathi. The complainant ought to have obtained journey extension ticket either from the TTE of the earlier train or at the EFT counter in Chennai Railway Station on producing the previous journey tickets, if he felt that time was not sufficient for buying ticket for his onward journey. There is no deficiency in service or unfair trade practice on the part of the opposite party. The complaint is liable to be dismissed.

3. No oral evidence was adduced by the complainant. Exts. A1 to A5 were marked on his side. Neither oral nor documentary evidence was adduced by the opposite party. Heard the complainant who appeared in person and the learned counsel for the opposite party.

4. The points that arose for consideration are as follows :-

1. Whether the complainant is entitled to get refund of the fine amount from the opposite party?

2. Whether the opposite party is liable to pay a compensation of Rs. 4 lakhs to the complainant?

5. Point Nos. i. and ii. :- Admittedly, the complainant and his family members boarded train No. 16057 Sapthagiri Express on 26-08-2012 from Chennai to Tirupathi without a valid ticket. During the said journey a squad TTE detected the same and levied the fare together with a fine of Rs. 1,250/- for 5 persons including the complainant as evident from Ext. A5 receipt. We do not find any deficiency in service on the part of the TTE in levying the ticket fare and fine from the complainant and co-passengers for the simple reason that they were not holding valid tickets for their onward journey from Chennai to Tirupathi. Moreover, this Forum lacks territorial jurisdiction to entertain this complaint, in view of the most celebrated decision of the Hon'ble Apex Court in M/s. Sonic Surgical Vs. National Insurance Co. Ltd. IV (2009) CPJ 40 (SC).

6. In view of the above, we are only to dismiss this complaint in limine. Ordered accordingly.

Pronounced in the open Forum on this the 16^th day of September 2014.

Sd/- A. Rajesh, President.

Sd/- Sheen Jose, Member.

Sd/- V.K. Beena Kumari, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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