West Bengal

Kolkata-I(North)

CC/12/123

Subrata Pal - Complainant(s)

Versus

The Chief Commercial Manager, South Eastern Railway - Opp.Party(s)

17 Jul 2013

ORDER

Consumer Disputes Redressal Forum,
Unit-I, Kolkata
http://confonet.nic.in
 
Complaint Case No. CC/12/123
 
1. Subrata Pal
233, G.T. Road, Sermpore, Hooghly.
Hooghly
WB
...........Complainant(s)
Versus
1. The Chief Commercial Manager, South Eastern Railway
11, Garden Reach, Kolkata-700043.
Kolkata
WB
............Opp.Party(s)
 
BEFORE: 
 HON'ABLE MR. Sankar Nath Das PRESIDENT
 HON'ABLE MR. Dr. Subir Kumar Chaudhuri MEMBER
 HON'ABLE MRS. Samiksha Bhattacharya MEMBER
 
PRESENT:
 
ORDER

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. 123 / 2012.

 

1)                   Subrata Pal,

            233, G.T. Road, Mahesh, P.O. Serampore 2,

            Dist. Hooghly, West Bengal – 712202.                                                                ---------- Complainant

 

---Versus---

1)                   The Chief Commercial Manager,

            South Eastern Railway, 11, Garden Reach Road,

Kolkata-43, P.S. West Port.                                                                            ---------- Opposite Party

 

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

                                        

Order No.   12    Dated  17-07-2013.

 

          The case of the complainant in short is that complainant purchased reservation E ticket on 12.7.11 through internet booking for Train no.18477/UTKAL Express, Journey Date 01.10.2011, 6 nos. confirm tickets, Destination from Kharagpur to Agra Cantt. vide PNR no.6260518105 and also one ticket purchased vide PNR no.6160538869. It was family tour, in which complainant’s mother, a senior citizen aged more than 82 years, widow. One of us there was a child, Koustavi Pal aged about 6 years old and also my elder sister, Sikha Nandi, a senior citizen, widow.

            After receiving confirm ticket on 12.7.11, complainant printed out Route Chart from Net on 15.7.11 and also 26.7.11 where shown the particular train is reaching at Kharagpur at 03-40 a.m. and departure time at 04-05 a.m. Complainant also tried his best many times before 2/3 days of journey date over phone no.139, but not linked.

            Their tour arrangement was Agra/Delhi surrounding area. Confirm Return Ticket was in Poorva Express. Room arrangement was confirm for staying at Agra/Delhi before three months. Specially mother of the complainant who is an old aged and weaken and also under treatment of doctor. It is her last wishing to visit Mathura / Brindabhan before death and doctor also permitted for outing but advised carefully took her.

            On 2.10.11 at about 1-00 a.m. complainant and others reached at Kharagpur from Howrah. There they enquired about the said train and surprised to know that the particular train is not reaching at Kharagpur since long. Then they went to Station Manager and requesting to arrange alternative way by which they may avail of the journey but he was replied, “As it is a e ticket I may help you nothing, any co-operation or help by me is not possible. But if you have purchased railway ticket I can arrange alternative train”.

            On hearing the reply from Station Manager they are in afflicted with grief and become disappointed. They fail in danger and also loose their money. They never overcome their mental agony and specially, by complainant’s mother for Mathura / Brindabhan. At last they cancelled their tour programme and returned home next morning. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that starting point of the train in question from Kharagpur was scheduled and this information was widely published in all the leading newspapers along with rectification of the information system on that date.

            In view of the findings above we are of the views that complainant has failed to substantiate and prove his case and he is not entitled to relief and we find no deficiency on the part of o.p.

            Hence, ordered,

            That the case is dismissed on contest without cost.

            Supply certified copy of this order to the parties free of cost.

 
 
[HON'ABLE MR. Sankar Nath Das]
PRESIDENT
 
[HON'ABLE MR. Dr. Subir Kumar Chaudhuri]
MEMBER
 
[HON'ABLE MRS. Samiksha Bhattacharya]
MEMBER

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