District Consumer Disputes Redressal Forum
Dakshin Dinajpur, W. Bengal
(Old Sub-Jail Municipal Market Complex, 2nd Floor, Balurghat Dakshin Dinajpur Pin - 733101)
Telefax: (03522)-270013
Present
Shri Siddhartha Ganguli - President-in-Charge
Miss. Swapna Saha - Member
Consumer Complaint No. 19/2016
Gopal Saha,
S/o Sri Haripada Saha,
Vill.: Biswaspara(Santi Colony),
P.O & P.S.: Balurghat, (M) 943405510.
Dist. Dakshin Dinajpur- Pin-733101 …………………Complainant(s)
V-E-R-S-U-S
1. The D.R.M,
North East Frontier Railway
Katihar Division,
Katihar, Purnea, Bihar, Pin-854105
2. Mr.Suriya Kanti Tiwari,
At Balurghat Railway Passenger Reservation Centre,
Zibnastic Building, Balurghat,
Dist. Dakshin Dinajpur, Pin-733101, (M) 9474371368
3. Mr. Ranjit Sen,
At Balurghat Railway Passenger Reservation Centre,
Zibnastic Building, Balurghat,
Dist. Dakshin Dinajpur, Pin-733101, (M) 9474371368
4. Mr. Sandip Dutta, at Balurghat
At Balurghat Railway Passenger Reservation Centre,
Zibnastic Building, Balurghat,
Dist. Dakshin Dinajpur, -733101 ……..…Opposite Party / Parties
Ld. Advocate(s):
For complainant ……………… - In person
For OP Nos. 1, 2, 3 & 4 ……………… - Ex-parte
Date of Filing : 04.08.2016
Date of Disposal : 08.12.2016
Contd…P/2
Judgment & Order dt. 08.12.2016
It is the case of the complainant that he is a businessman, permanent resident of Biswaspara (Santi colony), PO & PS – Balurghat under district of Dakshin Dinajpur. He booked in advance three 2nd Class reserved tickets for the journey date of 18.06.2016 in the train No. 13162 in the name of his wife, son and himself. The said requisite form had been duly filled up by his own hand for the said journey from Balurghat to Kolkata station(Chitpur).
On the date of schedule journey i.e. on 18.06.2016, the complainant boarded at Balurghat station with his wife and son for their destination. After arriving at Pakur station another passenger boarded in their compartment and told him that ‘this seat is booked in my name’. The complainant replied that these seats are booked in their names. After scrutinizing the tickets, he astonished to see that the ticket that all their names have been booked for the date of 28.06.2016 instead of 18.06.2016. They had to leave one seat for that passenger and after sometimes they left rest two seats for another two passengers. The boarded TTE rudely behaved with them and forced them to come down from the coach. They became much ashamed of and felt shy in presence of all passengers and finally they had to purchase three general tickets from Burdwan station to Kolkata Station (Chitpur) and completed their painful journey with his ailing son and wife.
After arriving at Balurghat the complainant enquired the whole matter at ticket counter of railway reservation on several times, at last railway staffs showed him the requisite form and it was revealed that his requisite form was duly filled up the date of journey specifically written as 18.06.2016. But the staff of railway reservation counter issued the ticket wrongly on dated 28.06.2016. Due to gross negligence and deficiency in service on the part of railway staffs it hampered his prestige and suffered mental pain and agony. Hence, he has filed the
Contd…P/3
present case claiming a sum of Rs.40,000/- as compensation for harassment and mental pain and agony as well as litigation charge of Rs.5,000/- along with cost of the tickets from the OPs.
The complainant in order to substantiate his claim submitted documents in original and photocopies which are as under:-
- Original Railway Ticket Nos. GHYC-73178086 of Rs. 465/- vide PNR No. 625-3275567, wherein the schedule departure was mentioned on 28.06.2016 in Balurghat – Kolkata Express.
- One cancelled ticket being No. GHYC-72472042 dated 21.06.2016.
- Two original railway tickets being No.80938861 & 80938862 from Burdwan to Balurghat both dt. 20.6.2016
- One photocopy of requisition form in which the date of journey was mentioned on 18.06.2016.
The notices were served upon the OPs and after receiving the notices the OP No. 1 appeared on 14.9.2016 and filed his written version. Subsequently, the OP No. 1 did not turn up as such an ex-parte order was passed on 15.11.2016 against him. The notices upon OP No. 2 & 4 were retuned with an endorsement ‘refused’ on the back side of the envelope and hence ex-parte order was passed on 14.9.2016 against them. Though, the OP No. 3 appeared but he did not file written version and subsequent dates to the proceeding he remained absent as such ex-parte order was passed against him on 20.10.2016, and accordingly, all the OPs remained absent and the present case is, therefore, decided to ex-parte against all.
It is contended in the written version of OP No. 1 inter alia that he is the managerial head of Divisional Railway Manager, Katihar Division and he is not directly involved in the present case. The reservation system is functioning under the control of Senior Divisional Commercial Manager, Katihar. It is stated that the content of information given on the reservation requisition slip the passengers are under the obligation to verify and ensure the correctness of all computerized endorsement entries made by the reservation clerk on the
Contd…P/4
concerned journey ticket before leaving the reservation counter. But the complainant did not verify the alleged correctness even before the date of commencement of journey i.e. 18.06.2016 whereas the requisition slip for getting the reservation ticket along with detail information under his signature was produced to reservation clerk on 11.6.2016 i.e. before seven days of commencement of journey. The complainant had ample opportunity to rectify the said inadvertent omission occurred at the last hour of closing of passenger reservation system at 19:47 hours evidently reflects from the photocopy of journey ticket enclosed therewith.
It is further contended that while the OP No. 2 performing roster duty at 14:00 hrs to 20 hrs dated 11.06.2016, the complainant produced his reservation slip on reservation counter on very last moment for reserved journey ticket at about 19:45 hrs before 15 minutes of closing of counter i.e. 20:00 hrs. On the above said date opposite party has booked 139 tickets during his working hours (wherein 208 passengers were booked and 65 passengers were cancelled by him) but not a single ticket was found with wrong endorsement except the complainant ticket which was occurred only consequent upon under pressure of clearing the other passengers standing in queue before closing time 20:00 hrs but not intentional. After receiving the journey ticket the complainant had to ensure the correctness of endorsement of date of journey, train no., class, age, sex, fare, balance amount etc. entries made thereon before leaving the counter but the complainant himself failed to ensure and inform on duty clerk either on same day or thereafter up to commencement of journey. It is stated that the complainant vehemently failed either to follow the instructions of the railway reflects on reservation/requisition slip or at the time of leaving reservation counter about correctness of entries on the tickets.
Contd…P/5
From the complaint petition as well as documents filed by the complainant and the submission made by him and with due consideration of the written version filed by the OP No.1 the following points are to be decided :-
- Whether the complainant is a consumer or not?
- Whether there was any deficiency in service on the part of OPs?
- Whether the complainant will be entitled to get any relief as prayed for?
DECISION WITH REASONS
All the points are taken together for the sake of brevity and avoidance of repetition of facts.
It is the contention of the complainant that he on 11.06.2016 had purchased three numbers of advance reserved tickets for the journey in the 2nd class for 18.06.2016 from Balurghat station to Kolkata(Chitpur) station in the train no. 13162 (Balurghat-Kolkata express). He himself filled up the requisition slip for the said journey and mentioned the date as 18.06.2016 in the said slip.
On 18.06.2016 while traveling in the said train some other passengers told to vacate the seats claiming that the seats were reserved by them. After scrutinizing the tickets, it was revealed by the complainant that the journey date of his ticket was mentioned as 28.06.2016 instead of 18.06.2016. The concerned TTE behaved badly and forced the complainant and his companions either to get down from the train or purchase afresh tickets. Finding no other alternative the complainant had to purchase the tickets from Burdwan to Kolkata(Chitpur) station at Burdwan station and he completed his journey but he could not produce the said tickets before this Forum during hearing of the case.
After returning at Balurghat, the complainant enquired about the matter to the railway booking counter, from where he found that he
Contd…P/6
correctly entered the date of journey as 18.06.2016 but the railway booking clerk issued the ticket on a wrong date i.e. on 28.06.2016 and for such reason the complainant had to suffer during his journey on 18.06.2016.
The complainant during hearing submitted that he had traveled on 18.06.2016 with the ticket dated 28.06.2016, which he had detected as wrong entry of date in the ticket during traveling and as he had already completed his journey with the wrong ticket on 18.06.2016 as per his schedule date of journey he had ample opportunity to cancel the journey ticket dated 28.6.2016 as the said ticket remained with him but he did not do so and he proved his honesty.
He further submitted that he was going to Kolkata for his son’s treatment and for such he was puzzled and so he could not notice the date mentioned in the ticket before leaving the railway reservation counter and his failure to check the requisite date of train ticket before leaving the booking counter does not absolve the railway from their liability and as such they were negligent and deficient in service.
On the perusal of the written version of the OP No.1, it is seen that he defended by saying that the complainant could verify and ensure the correctness of the ticket before leaving the reservation counter or commencement of the journey. The complainant had ample opportunity to rectify the said inadvertent omission occurred after purchasing the ticket and before schedule date of his journey.
Considering the materials on the record and verbal submission of the complainant we hold the view that the complainant is a bona fide consumer, as he had purchased railway ticket on 11.06.2016 for his journey scheduled on 18.06.2016, as per section 2 (d) of the CP Act, 1986 and there were gross negligence on the part of the railway who issued ticket on a wrong date, though the complainant rightly filled up the requisite slip.
Contd…P/7
Mere not checking the ticket before leaving the counter by the complainant does not absolve the railway from the liability of giving the wrong ticket and railway staffs rendered deficient service to the complainant.
It is correct that the complainant could have looked into the details of the ticket before leaving the reservation counter, however, on that account only the railway cannot claim that it has caused no deficiency in service. The booking staff of the railway should have issued the railway ticket to the complainant for the date for which he applied by submitting the requisition form.
Accordingly, we hold the view that the complainant is not entitled to get refund the cost of the ticket of Rs.465/- as stated above as because he had availed the journey along with his family from Balurghat to Kolkata( Chitpur )on 18.6.2016, on a ticket dated 28.06.2016.
But considering the facts and circumstances of the case, the hardship experience suffered by the complainant and his family members and their inconvenient journey, we think that the complainant is entitled to get compensation of Rs. 3,000/- for the wrong done by the railway staffs engaged in the railway booking counter at Balurghat ,though not intentional and cost of litigation of Rs.2000/- respectively and the OPs in this case are jointly and severally liable to pay the same.
Hence, it is
O R D E R E D
that the instant petition of complaint CC No.19/2016 is allowed ex-parte against the OPs and the complainant is entitled to get the compensation to the tune of Rs. 3000/- and Rs.2,000/- as cost of litigation from the OPs and they are jointly and severally liable to pay the same.
Contd…P/8
The OPs are directed to pay the amount within 45 days from the date of order, failing which the complainant will be entitled to get interest @ 8% p.a. till the realization of the amount.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
Dictated & corrected
………….….…….
(S. Ganguli)
President-in-Charge
I concur,
………....……
(S. Saha)
Member
- Date when free copy was issued ……………………
- Date of application for certified copy ……………………
- Date when copy was made ready ……………………
- Date of delivery ……………………
FREE COPY [Reg. 18(6)]
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