DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 

 BEFORE  TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law)                  .…. PRESIDENT

                 THIRU.P.MURUGAN,.MCom., ICWA(Inter)., B.L.,                                    ....MEMBER-II

CC. No.133/2022

THIS THURSDAY, THE 28th DAY OF OCTOBER 2022

 

Mrs.Vijayakumari Ganesan,

W/o.K.Ganesan,

No.191-A, Kamatchiamman Koil North Street,

Vickramasingapuram, 

Ambasamudram Taluk,

Tirunelveli District – 627 425.                                                      .........Complainant. 

                                                                          //Vs//

1.The Chief Commercial Manager/PM,

   Commercial Branch/Claims,

   MMC Complex, Southern Railways,

   Head Quarters Office,

   Park Town, Chennai – 600 003.

 

2.Shri Rahul Kumar,

    Ticket Examiner,

    O/o. The Chief Ticket Inspector, Sleeper Depot/

    Southern Railways, Mayiladuthurai.                                       ...Opposite parties.

 

Counsel for the complainant                                  :   M/s.Manimuthu, Advocate.

Counsel for the opposite parties                           :   Mr.A.R.Poovannan, Advocate.

                         

This complaint is coming before us on various dates and finally on 13.10.2022 in the presence of M/s.Manimuthu Advocate,  counsel for the complainant and Mr.A.R.Poovannan Advocate, counsel for the opposite parties and upon perusing the documents and evidences of both sides, this Commission delivered the following: 

ORDER

PRONOUNCED BY TMT. Dr.S.M. LATHA MAHESWARI,   PRESIDENT.

 

This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service with respect to the charging Rs.340/- towards travel charges and Rs.250/- towards penalty from the complainant along with a prayer to direct the opposite parties to pay a sum of Rs.1,00,000/- towards compensation for unfair trade practice of the 2nd opposite party and to pay a sum of Rs.2,00,000/- as compensation for the mental agony and hardship caused to the complainant and to pay a sum of Rs.75,000/- as damages for the wilful illegal recovery of Rs.590/- from the complainant by the 2nd opposite party with interest at 18% per annum for the amount of Rs.590/- illegally recovered from the complainant from the date of recovery to till realization along with cost of the proceedings to the complainant. 

Summary of facts culminating into complaint:-

 

It was submitted that on 26.02.2019 the husband of the complainant Mr.K.Ganesan booked a train ticket in Second Class Sleeper for himself and the complainant to travel on 07.03.2019 by train No.16175 from Chennai to Karaikal vide ticket No.90961745 and PNR No.480-9522285.  The fare paid for him was Rs.145/- under Senior Citizen concession for him and for the complainant without Senior Citizen concession Rs.230/- and in total Rs.375/-.  They were allotted seats No.44 and 41 respectively in S-6 Coach in Karaikal Express. It was submitted that it was clearly shown in the ticket itself that the complainant did not avail any concession. Inspite of having seen the identity card of the 1st passenger on the ticket, the 2nd opposite party adamantly insisted for the Aadhar card of the complainant and after verifying the same asked to pay the penalty stating that the complainant did not complete the age of 58 years and had misused the senior citizen concession. The complainant clarified that she did not avail senior citizen concession and that the same was mentioned in the ticket itself.  However, the 2nd opposite party was adamant and raised his voice and shouted at the complainant and her husband. It was submitted that the 2nd opposite party did not wear any badge on his shirt.  Hence his name and designation were not known to the complainant. The 2nd opposite party illegally charged Rs.340/- towards fare and Rs.250/- towards penalty and issued a Receipt No.AX0134569 dated 07.03.2019 for Rs.590/-. The complainant had taken ticket for full fare without any concession, but the 2nd opposite party illegally collected the penalty alleging misuse of senior citizen concession. The complainant informed the Chief Ticket Inspector Mr.G.K.Vasu at Nagapatinam Railway Station about the illegal recovery and rude behavior of the 2nd opposite party and who after verifying the ticket asked to lodge a complaint. Thus the complainant issued a legal notice on 30.04.2019 to the 1st opposite party to refund the amount of Rs.590/- along with Rs.1,00,000/- for the harassment and deficiency in service. Thus aggrieved by the act of the opposite parties the present complaint was filed for the following reliefs as mentioned below; 

To direct the opposite parties to pay a sum of Rs.1,00,000/- towards compensation for unfair trade practice of the 2nd opposite party;

 To pay a sum of Rs.2,00,000/- as compensation for the mental agony and hardship to the complainant;

 To pay a sum of Rs.75,000/- as damages for the wilful illegal recovery of Rs.590/- from the complainant by the 2nd opposite party and interest at 18% per annum for the amount of Rs.590/- illegally recovered from the complainant from the date of recovery to the realization along with cost of the proceedings to the complainant. 

Crux of the defence put forth by the opposite parties:-

Averments made by the complainant in the complaint was admitted to the extent that the complainants travelled in sleeper class with berth No.44 &41 from Chennai to karaikal bearing PNR No.480 9522285 by Train No.16175 on 07.03.2019 by paying Rs.145/- for complainant’s husband under senior citizen and Rs.230/- for complainant without claiming senior citizen concession. The 2nd opposite party had charged Rs.340/- toward fare and Rs.250/- towards penalty and issued a Receipt No.AXO 134569 dated 07.03.2019 for Rs.590/- under confusion that the complainant was also travelling in senior citizen concession. On receipt of legal notice the claim has been processed and refund of penal charges of Rs.590/- has been refunded vide pay order No.392547 dated 24.05.2019 en-cashable at Tirunelveli Station. But the Pay Order was returned by the postal Authorities quoting the reason as “Door Locked”.  The above Pay Order was sent again to the complainant under cover of the office letter No. No.508/11/MAS/19-20/147/MMCDL 3, dated 07.08.2019 explaining the position.  The same was accepted and encashed by the complainant as per reply dated 19.08.2019 received from the complainant. Therefore, the opposite parties were not liable to pay any amount as claimed by the complainant. Thus they sought for the complaint to be dismissed. 

The complainant filed proof affidavit and documents Ex.A1 to Ex.12 were marked on their side.  On the side of opposite parties proof affidavit was filed and documents Ex.B1& Ex.B2 were filed by them.  

Point for consideration:-

Whether there is any deficiency in service as alleged by the complainant against the opposite parties with respect to charging Rs.340/- towards travel charges and Rs.250/- towards penalty from the complainant and whether the complainant had successfully proved the same by admissible evidence?

If so to what relief the complainant is entitled?

 

Point No.1:-

On the side of the complainant the following documents were filed in support of the complaint allegations;

Ticket for journey on 07.03.2019 from Chennai to Karaikal dated 26.02.2019 was marked as Ex.A1;

Excess fare ticket receipt for Rs.590/- was marked as Ex.A2;

Email sent to SDGM of southern Railways dated 10.03.2019 was marked as Ex.A3;

Letter of complainant to the CVO, Southern Railways, Chennai dated 18.03.2019 was marked as Ex.A4;

Reply from CVO, Southern Railways, Chennai dated 26.03.2019 was marked as Ex.A5;

Confirmation slip given by the complainant dated 30.03.2019 was marked as Ex.A6;

Lawyer’s notice sent to the 1st opposite party dated 30.04.2019 was marked as Ex.A7;

Postal receipt for proof of deliver was marked as Ex.A8;

Tracking consignment for proof of deliver to the 1st opposite party was marked as Ex.A9;

Copy of letter dated 07.08.2019 enclosing pay order for Rs.590/- receiving from the 1st opposite party was marked as Ex.A10;

 Complainant’s letter to the 1st opposite party dated 16.08.2019 was marked as Ex.A11;

Copy of the letter received from the Chief Commercial Manager, Tiruchchirappalli dated 22.05.2019 was marked as Ex.A12;

On the side of opposite parties the following documents were filed in support of their defence;

Copy of letter issued by the 1st opposite party to the complainant dated 07.08.2019 was marked as Ex.B1;

Complainant’s letter to the 1st opposite party dated 16.08.2019 was marked as Ex.B2;

  Heard the oral arguments adduced by both the parties and perused the material evidence and pleadings submitted on behalf of both parties.  The crux of the oral arguments adduced by the learned counsel appearing for the complainant is that the complainant did not travel in Senior Citizen concession but she was made to pay a penalty stating that she did not complete the age of 58 years and had misused the Senior Citizen concession though it was clearly mentioned in the ticket as “NOCONC”. The 2nd opposite party was so adamant and shouted at the complainant and her husband in front of all the co-passengers as if they had cheated the Railway staffs.  Thus it was submitted that apart from charging Rs.590/- illegally the act of the 2nd opposite party caused embarrassment and harassment due to his  the rude behavior before public.  After several efforts by way of raising complaint, the 1st opposite party sent a letter dated 07.08.2019 enclosing a pay order for Rs.590/- for complainant’s name payable at Tirunelveli Office.  The complainant went to Tirunelveli Office which was around 40 km from her native place spending around Rs.260/- for Auto and Bus fare for en-cashing the pay order.  Thus it was submitted that both the opposite parties by their irresponsible act has caused huge mental agony and harassment to the aged people like the complainant.  It was further argued in response to the letter dated 18.03.2019 by the complainant the Chief Commercial Manager, Thiruchirapally in his letter dated 22.08.2019 after a lapse of 5 months, requested the complainant to send the original ticket for refunding the illegal recovery in a callous manner without ascertaining from their own department, whether the money was refunded or not which would clearly establish the functioning of the opposite parties.  Thus stating that the unlawful recovery of Rs.590/- by the opposite parties was totally a willful and vindictive act, the complainant sought for the complaint to be allowed as prayed for.

However the short defence by the opposite parties is that they have refunded the illegal recovery made from the complainant vide office letter No.508/11/MAS/19-20/147/MMCDL 3, dated 07.08.2019 and the said amount was also encashed by the complainant and hence they sought for the complaint to be dismissed on the ground that the complainant has made an inflated claim.

On appreciation of the material evidences and pleadings submitted by both the parties we are of the view that though the illegal recovery amount of Rs.590/- has been refunded to the complainant, the fact that the complainant was subjected to mental torture and harassment by the 2nd opposite party could not be ignored as a trivial issue.  The 2nd opposite party being a staff of the Railway should have acted deligently and should verified the ticket properly before charging extra fare and penalty from the complainant. Hence we hold that such irresponsible of the 2nd opposite party has to considered as negligence and deficiency in service for which the 1st opposite party was to be held vicariously liable and thus we answer the point accordingly in favour of the complainant and as against the opposite parties holding that both oppostie parties are liable for deficiency in service.

Point No.2:-

For the mental pressure and harassment meeted out by the complainant before co-passengers due to the act of the 2nd opposite party we are of the view that a nominal compensation of Rs.10,000/-would be appropriate in the facts and circumstances.  Thus we award a sum of Rs.10,000/- to be paid by both the opposite parties to the complainant. Thus we answer the point accordingly.

In the result, the complaint is partly allowed against the opposite parties 1&2 directing them to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for the mental agony caused to the complainant. 

Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 28th day of October 2022.

 

 

  Sd/-                                                                                                                   Sd/-

MEMBER-II                                                                                                     PRESIDENT

 

List of document filed by the complainant:-

 

Ex.A1 26.02.2019 Ticket for journey on 07.03.2019 from Chennai to Karaikal. Xerox

Ex.A2 07.03.2019 Excess fare ticket receipt for Rs.590/- Xerox

Ex.A3 10.03.2019 Email sent to SDGM of southern Railways. Xerox

Ex.A4 18.03.2019 Letter of complainant to the CVO, Southern Railways, Chennai. Xerox

Ex.A5 26.03.2019 Reply from CVO, Southern Railways, Chennai. Xerox

Ex.A6 20.03.2019 Confirmation slip given by the complainant. Xerox

Ex.A7 30.04.2019 Lawyer’s notice sent to the 1st oppsotie party. Xerox

Ex.A8 ............... Postal receipt for proof of delivery. Xerox

Ex.A9 ............... Tracking consignment for proof of delivery. Xerox

Ex.A10 07.08.2019 Copy of the letter dated 07.08.2019 enclosing pay order for Rs.590/- received from the 1st oppostie party. Xerox

Ex.A11 16.08.2019 Complainant‘ s letter to the Assistant Commercial Manager/Claims, Chennai. Xerox

Ex.A12 22.08.2019 Copy of letter received from the Chief Commercial Manager, Tiruchchirappalli. Xerox

 

List of documents filed by the opposite parties:-

 

Ex.B1 07.08.2019 Copy of letter issued by the Headquaters Office, Commercial Branch/Claims, Chennai. Xerox

Ex.B2 16.08.2019 Complainant’s letter to the Assistant Commercial Manager/Claims, Chennai. Xerox

 

 

 

  Sd/-                                                                                                                    Sd/-

MEMBER-II                                                                                                     PRESIDENT