Date of Filing:       16.10.2018

                                                                                                                 Date of Disposal:  31.01.2020

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR-1

PRESENT: THIRU.   J. JUSTIN DAVID., M.A., M.L.,                           .…. PRESIDENT

                   THIRU.  D.BABU VARADHARAJAN, B.Sc., B.L.,             ……MEMBER-II

CC No.55/2018

THIS FRIDAY THE 31^th  DAY OF JANUARY 2020

V.Srinivasan, M.A., M.L.,

Deputy Collector (Retd.,) Advocate, High Court,

No.12/21, Jeyam Flats,

Tamil Nadu Housing Board,

Thirumullaivayil,

Chennai - 600 062.                                                                            ….. Complainant. 

                                                                           //Vs//

1.The Chairman,

   Railway Board, Rail Bhavan,

   Raisina Road, New Delhi - 110 001.

2.The General Manager (Southern Railway),

   Park Town, Chennai -600 003.

3.The Chief Commercial Manager,

   O/O The General Manager (Southern Railway),

   Park Town, Chennai - 600 003.

4.The Senior Divisional Manager,

    O/O The General Manager (Southern Railway),

    Park Town, Chennai - 600 003.

5.The Station Superintendent,

    Avadi Railway Station, Avadi  - 600 054.                                 …Opposite parties.

This Complaint is coming upon for final hearing before us on 22.01.2020 in the presence of complainant who is appeared in person and Mr.C.Elamaran Counsel for the opposite parties and perusal of the both side documents and hearing the arguments on both sides, this Forum passed the following:-

ORDER

PRONOUNCED BY THIRU.J.JUSTIN DAVID, PRESIDENT

This complaint has been preferred by the complainant Under Section 12 of the consumer protection Act, 1986 against the opposite parties for seeking direction to issue a duplicate train season ticket for the remaining period or to refund an amount of Rs.750/- being the monetary value of his train season ticket and to pay a sum of Rs.50,000/- towards compensation for causing mental agony, inconvenience, depression, frustration, despondency, loss of money, time and health due to the deficiency in service on the part of the opposite parties and to pay a sum of Rs.5,000/- towards cost of proceedings.

 2.The brief averment in the complaint is as follows:-

The complainant is regularly commuting in sub-urban electric train from Avadi railway station to Chennai Beach railway station for more than a decade by obtaining a train season ticket for traveling from Avadi Railway Station to Thirisulam Railway station.  The complainant has purchased a train season ticket for Rs.2,000/- from the 5^th opposite party for a period of one year from 02.01.2017 to 01.01.2018.  On 09.08.2017 night at about 8 p.m. when the complainant was traveling in the electric train in crowd in between Ambattur railway station and Avadi railway station he lost his train season ticket along with other ID cards as someone pick pocketed his pouch and the above said train season ticket had validity period of one year from 02.01.2017 to 01.01.2018 and his train season ticket ID card number is COA JAO 2201. For which the complainant preferred a complaint to the Sub-Inspector of Police (GRPF), Avadi railway station on10.08.2017 and had received a CSR on 11.08.2017.  The complainant sent letters to the 2^nd and 5^th opposite parties  viz., The General Manager (Southern Railway), Chennai -600 003 and Station Superintendent, Avadi Railway Station, Avadi -54 with a request to issue a duplicate copy of his train season ticket for the year 2017-2018  to travel in the electric train during the remaining period till 01.01.2018. In this letter, the complainant had been expressed that he was ready to pay any penalty or fine amount if any, for the sake of issuance of a duplicate train season ticket.  While the 2^nd opposite party did not respond to his above letter dated 27.08.2017, the 5^th opposite party had sent a reply dated 30.08.2017 stating that as per ‘Railways Rules, there is no provision for issuance of a duplicate train season ticket. If an original family ration card or driving license or voter identity card or mark sheet or passport etc is lost by a citizen, the Government is issuing a duplicate copy of the same by collecting a nominal fine amount.  While the truth is so, it is not reasonable contention of the Railway department that issuance of a duplicate train season ticket is not permissible.  Thus it is highly a case of deficiency in service and gross negligence against Railway department under Section 12 of the Consumer Protection Act-1986 and therefore the complainant faced mental pain and physical sufferings in this issue could not be articulated in the linguistic format for which all the opposite parties are jointly and severally accountable and liable to the complainant. Hence this complaint.

3. The contention of written version of the  5^th opposite party and on behalf of the opposite parties 1 to 4 is as follows:-

The 1^st opposite party is the administrative head of Indian Railways, which functions under the overall control of Government of India.  The 2^nd opposite party is the principal Head of the Southern Railway Administration and the general superintendence and control over railway activities in the southern zonal railway administration is vested with the 2^nd opposite party.  The 3^rd opposite party is the Head of the commercial department in the southern railway administration. The complainant had sought a duplicate season ticket from the railway administration by letter dated 27.08.2017 and for which the Railway administration had informed vide letter dated 30.08.2017 that there is no provision for issuing duplicate season ticket.  Season ticket is treated as an unreserved type of ticket.  Issuing duplicate season tickets would result in gross misuse of the facility and also cause monetary loss since there is no way to check its misuse by unscrupulous elements and persons with the same name.  The Railway administration issues duplicate tickets in case of reservation of long distance train but not for unreserved tickets including season tickets on the suburban network.  Unlike other documents, season tickets have money value and fixed validity and there is no provision for checking its misuse, if duplicate season tickets are issued.  The Railways administration’s decision not to issue duplicate copy with regard to lost or stolen season tickets is nationwide, well reasoned and in the interests of Railways only.  It is also common law that in case of conflict between public interests and private interests, public interests should only prevail.  The claim of the complainant for issuing duplicate season tickets is against policy and not tenable.

4. In order to prove the case, on the side of the complainant, proof affidavit filed as his evidence and Ex.A1 to Ex.A8 were marked.  While so, on the side of the opposite parties proof affidavit filed as their evidence and no document filed and adduced oral argument on both sides.

5. At this juncture, the point for consideration before this forum is:-

(1) Whether there is any deficiency in service on the part of the opposite parties?

(2) Whether the complainant is entitled for the reliefs as claimed in the complaint?

(3) To what other relief the complainant is entitled to?

6. Point Nos.1 & 2:-

The case of the complainant is that the complainant purchased a train season ticket for Rs.2,000/- from the 5^th opposite party for a period of one year from 02.01.2017 to 01.01.2018  to travel Avadi railway station to Thirisulam Railway station.  The complainant lost his season ticket along with ID card on 09.08.2017 while he was traveling in the electric train and therefore the complainant sent letters to the 2^nd and 5^th opposite parties to issue a duplicate copy of the season ticket but the 5^th opposite party refused to issue duplicate on the reason there is no provision for issuance of duplicate ticket in the railway rules and therefore the complainant filed this complaint before this forum to direct the opposite parties to issue a duplicate ticket or to refund the remaining amount and to pay compensation to the complainant.

7. The opposite party contended that the complainant issued letters to the opposite party stating that he lost his season ticket on 09.08.2017 while traveling in the train in between Ambattur railway station to Avadi railway station and sought a duplicate season ticket from Railways Administration and for which the opposite party had written a letter dated 30.08.2017 stating that there is no provision for issuing of duplicate season ticket.  Season ticket is treated as an unreserved type of ticket.  The opposite party further contended that unlike other documents, season tickets have money value and fixed validity and there is no provision for checking its misuse and the claim of the complainant for issuing duplicate season tickets is against policy and not tenable.

8. The complainant is a retired Deputy Collector and now practicing Advocate and the 1^st opposite party is the Chairman, Railway Board, 2^nd opposite party is the General Manager (Southern Railway), 3^rd opposite party is the Chief Commercial Manager, 4^th opposite party is the Senior Divisional Manager and the 5^th opposite party is the Station Superintendent of Avadi Railway Station. The complainant purchased a train season ticket for Rs.2,000/- from the 5^th opposite party for a period of one year from 02.01.2017 to 01.01.2018  to travel Avadi railway station to Thirisulam Railway station.  The complainant lost his season ticket along with ID card on 09.08.2017 while he was traveling in the electric train and therefore the complainant has written letters to the 2^nd and 5^th opposite party to issue duplicate season ticket.  But the opposite party refused to issue duplicate season ticket on the reason that there is no provision for issuing duplicate season ticket.  Therefore the opposite party rejected the claim of the complainant based on rules.  There is no provision for issuing duplicate season ticket and the opposite party has not violated any provision of the Railway rules and hence there is no deficiency in service on the part of the opposite parties.

9. The complainant alleged that as a matter of fact if an original family ration card or driving license or voter identity card or mark sheet or passport etc is lost by a person, the Government is issuing a duplicate copy of the same by collecting a nominal fine amount.  But if the person lost a season ticket the Railway Authorities is adamant for issuing duplicate ticket.  On the other hand the opposite party contended that the season ticket for money value and fixed validity and there is no provision for checking its misuse, if duplicate season tickets are issued.  Further if a person lost currency note he can’t claim issue duplicate currency, so also the season ticket has money value and therefore there is no question of issuing duplicate season ticket.  It is the duty of the complainant to keep the season ticket in safe custody.  Therefore the opposite parties acted as per the rules and there is no deficiency in service on the part of the opposite parties.  Hence the complainant is not entitled for any reliefs as claimed in the complaint.  Thus the point No.1 and 2 are answered accordingly.

10. Point No.3:-

 In the result this complaint is dismissed. No. costs.

Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the president and pronounced by us in the open forum of this 31^st day of January 2020.

   Sd-                                                                                                                 Sd-

MEMBER-II                                                                                             PRESIDENT

List of document filed by the complainant:-

List of document filed by the opposite parties:-  -Nil-

         Sd-                                                                                                                  Sd-

  MEMBER-II                                                                                                 PRESIDENT