In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 250 / 2010.
1) Sri Dilip Kumar Jain,
92/1A, Maulana Abul Kalam Azad Sarani, Narayani Tower,
Flat no. 7CD, Kolkata-700054. ---------- Complainant
---Versus---
1) The Chief Commercial Manager, South Eastern Railway,
14, Strand Road, Kolkata-700001.
2) Commercial Supervisor, South Eastern Railway, Howrah South District-Howrah.
3) The Chief Passenger Transportation Manager(Chg.),
South Eastern Railway, Garden Reach, Kolkata-700043. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 19 Dated 29/08/2012.
The instant case has been filed by the complainant against the o.p.s, South Eastern Railway, with allegation of deficiency in service which is within the scope and ambit of the COPRA.
In a nut-shell, the case of the complainant is that complainant booked a coach (AC 3 Tire) for the journey from Howrah to Surat and return on 03.06.09. and 07.06.09. respectively and also booked tickets for 72 passengers from South Eastern Railway and paid the entire amount to the concerned authority but at the time of departure of train being no.2834 Ahmedabad Express on 3.6.09 the complainant with great surprise came to know that o.ps. provided ACCN coach containing only 64 berths of coach instead of 72 berth. After repeated requests no action has been taken by o.ps. but he has been compelled to cancel the journey of 8 passengers and they could not be able to attend the marriage ceremony of the son of the complainant.
Till the date of hearing of instant case o.ps. did not pay back the balance amount which is payable by them for failing to provide coach of 72 berths. Hence the case.
O.ps. did not contest the case by filing w/v and matter was heard ex parte accordingly.
Decision with reasons:-
We have gone through the pleadings of the complainant, evidence on affidavit and documents in particular. As the o.ps. have neglected to appear before the Forum after valid service of summons all the documents brought before the Forum by complainant have been unchallenged testimony. Therefore, the case of the complainant is accepted as true. Here it is needed to be mentioned that complainant only prayed for relief before this Forum for compensation due to his mental agony, harassment, loss of dignity, prestige and social status. We are of the opinion that it is beyond doubt due to inaction and deficiency in rendering service of the o.ps. complainant has to suffer tremendous mental agony , harassment and degradation of prestige and dignity in society and he is eligible to get compensation for that.
Hence the case of complainant is allowed ex parte against all o.ps. O.ps. are jointly and/or severally directed to pay a sum of Rs.50,000/- (Rupees fifty thousand) only as compensation to the complainant for his tremendous mental agony , harassment and degradation of prestige and dignity in society and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost under section 21(1) of the Consumer Protection Regulation.
