DATE OF FILING : 27-07-2012.
DATE OF S/R : 28-09-2012.
DATE OF FINAL ORDER : 28-12-2012.
Motilal Jhalani,
Flat no. 302 ( 3rd floor ),
Radha Krishna Apartment,
near Hans Khali Pul,
opposite Amar Jyoti Apartment Baultolla,
Howrah – 711109.-------------------------------------------------------------- COMPLAINANT.
Versus -
1. The Chief Commercial Manager,
South Eastern Railway, 14 Strand Road,
Kolkata – 700001,
represented by its Manager.
2. The Station Master,
South Eastern Railway, Howrah Station,
Howrah – 711101.
represented by its Manager. --------------------------------------OPPOSITE PARTIES.
P R E S E N T
President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.
Member : Shri P.K. Chatterjee.
Member : Smt. Jhumki Saha.
F I N A L O R D E R
The instant case was filed by complainant, Shri Motilal Jhalani U/S 12 of
the C.P. Act, 1986, as amended against the O.Ps. alleging deficiency in service U/S 2( 1 )( g ), 2( 1 )( o ) of the C.P. Act, 1986 wherein the complainant has prayed for direction upon the O.Ps. to pay an amount of Rs. 40,000/- as compensation as rats in the railway coach destroyed food and other belongings, to pay an amount of Rs. 55,000/- as compensation for causing mental agony along with other order or orders.
Brief fact of the case is that complainant and his other family members
along with a new born baby of two months travelled by Train no. 2840 from Chennai to Howrah in Coach no. A-1 on 12-08-2010. They were carrying food articles and other things with them. It is alleged by the complainant that rats in the coach destroyed that food articles and their other belongings into pieces. And those cut pieces of bags and food articles were shown to on duty TTE, Mr. T.V. Subha Rao. That TTE immediately called one person, named Mr. Arup Kumar Mondal, Supervisor of Eureka Forbes Ltd. who was in charge of cleaning and maintenance of the railway coach, as claimed by the TTE. And the complainant mentioned entire incident on the back page of the Feed Back Book of Eureka Forbes Ltd. maintained by Mr. Arup Kr. Mondal. It is further stated by the complainant that as they were carrying one two-months old baby, they could not sleep throughout the night as because they were afraid of rats which could have injured the baby. After reaching Kolkata, the complainant sent one letter dt. 31-08-2010 which was received by the o.p. on the same date vide Annexure 'A'. But no reply was received by the complainant. Thereafter, complainant again sent one letter alleging deficiency in service on 22-01-2012 vide Annexure 'B' to o.p. which also remained unreplied. And finally on 31-05-2012, the complainant wrote a letter asking for due redressal to the Station Manager, Howrah Railway Station, vide Annexure 'C'. But no answer, whatsoever, reached the complainant. Being aggrieved and finding no other alternative, complainant filed this case on 27-07-2012 praying for above mentioned relief. As the complainant and his wife both are senior citizens, they could not take food from outside.
Notices were served upon o.ps. O.ps. appeared and filed their written
version. Accordingly the case was heard on merit.
4. Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. Both the points are taken up together for consideration. We have carefully gone through the written version and BNA of the o.ps. along with documents and noted their contents vide para 4 of the written version. O.ps. have said that complainant did not file any document like ticket, showing the journey of the complainant and his family members on the date of 12-08-2010 through the particular train. But it is to be noted here that o.ps. have not challenged that very journey stating that the complainant and his family never travelled on that particular date, which enables us to accept the complainant's claim of his journey on the very date i.e., on 12-08-2010. Vide para no. 5 of the written version, o.p. has stated that as per the order passed in Union of India vs. Ashok Kumar Sarkel in AIR 2006 Bom 1998, Forum has got no jurisdiction to pass any order allowing compensation. But we want to mention here that order is valid for deciding compensation in case of 'untoward incident'. But here in this particular case, there occurred no 'untoward incident'. Neither the goods delivered by customers faced any robbery nor got damaged during its consignment. So the cited decision cannot have any application in the case at hand. It is a normal procedure that railway coaches should always be kept and maintained properly. For every long journey, people used to carry food and other things like bags, clothes etc. When Railway Authority is taking fare at a very high rate for coaches like A-1, is it not their responsibility to provide minimum comfort, protection and hassle free journey to the passengers? The complainant had even mentioned about the whole incident on the back side of page no. 572 of the Feed Back Book maintained by Eureka Forbes Ltd., the company which was the cleaning agent of the railway. We all know that for the act of the agent, the principal is liable. The Railway Authority neglected in checking the compartments and failed to keep the compartments rat free. It is a clear case of dereliction of duties resulting in such incidents. The complainant and his wife who are both senior citizens, were compelled to spend journey hours foodless and sleepless which cannot not be supported by any person of common prudence. We are in the 21st century and we cannot carry on our daily life in the same age old fashion with bearing the brunt of callous and indifferent service provided by public authorities like Railways. We are afraid that the rodents could have bitten any passenger, especially, the two months old baby running the risk of infection or hydrophobia. Railway Administration should have been much more careful about the cleaning and maintenance of the compartments.
6. It is needless to mention that the menace of rodents in each and every long distant trains has become a regular hazards to the passengers who pay exorbitant train fares but get no protection and safety only due to the utter negligence of Railway Authority. If a survey is conducted either by the Railway Authority or by any benevolent organization, they will come across 97% passengers who have the bitter experience of rodent threat during their journey. But none dared in belling cat. We must salute the septuagenarian complainant for coming before the Forum for relief wading through so many hurdles and for spilling the beans.
Accordingly we arrive at the irresistible conclusion that it is a fit case where the prayers of the complainant shall be allowed. Both the points are accordingly disposed of.
Hence,
O R D E R E D
That the C. C. Case No. 80 of 2012 ( HDF 80 of 2012 ) be allowed on contest with costs against the O.Ps.
The O.Ps. are hereby directed jointly and severally to pay a compensation of Rs. 50,000/- and litigation costs of Rs. 5,000/- to the complainant within one month from the date of this order i.d., the entire amount shall carry an interest @ 10% p.a. till full realization.
The complainant is at liberty to put the decree into execution after expiry of the appeal period.
Supply the copies of the order to the parties, as per rule.
