Tamil Nadu

North Chennai

CC/137/2017

M.Jayanthi - Complainant(s)

Versus

The Deputy Director Public Grievance cell Southern Railway - Opp.Party(s)

M/s.M.Dhanabal P.S.Udhaya Bharthy

22 Jan 2020

ORDER

 

                                                            Complaint presented on:  11.09.2017

                                                               Order pronounced on:  22.01.2019

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL -  PRESIDENT

 

TMT.P.V.JEYANTHI B.A., MEMBER - I

 

WEDNESDAY  THE 22^nd  DAY OF JANUARY  2020

 

C.C.NO.137/2017

 

 

M.Jayanthi,

New No.29/3, Old No.14/1,2^nd Street,

Parameshwari Nagar,

Adyar, Chennai – 600 020.

 

                                                                                     …..Complainant

 ..Vs..

1. The Deputy Director,

Public Grievance Cell,

Southern Railway,

Chennai – 600 003.

 

2.The DIG-Cum-Chief Security Commissioner/RPF,

South Western Railway,

 Hubli, Karnataka.

.....Opposite Parties

Counsel for Complainant                         : M/s.M.Dhanabal & S.Udhaya Bharthy

 

Counsel for  opposite parties                      : Mr.N.R.Narayanen

 

 

 

 

 

ORDER

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant went to attend the family marriage function at Bangalore on 04.06.2017 along with her family members. Initially the tickets were booked at the 1^st opposite party counter on 26.05.2017 from Chennai Central to Krishnarajapuram, Bangalore dated 03.06.2017 and return tickets from Krishnarajapuram, Bangalore to Chennai Central dated 04.06.2017 for the family members totally five of them by Brindavan express. The above said tickets were not confirmed and hence she had decided to cancel the tickets on 01.06.2017. The 1^st  opposite party cancelled the tickets with deduction of 40% on each ticket and returned the balance amount. The complainant booked the ticket under Tatkal from Chennai Central to K.R.Puram Bangalore dated 03.06.2017. The returned ticket was also booked by Tatkal from Krishnarajapuram to Chennai Central dated 04.06.2017 by Train No.12640 with confirmed ticket and allotted the coach D1 and seat No.41,44,45 and 46. The complainant on 04.06.2017 after the marriage function reached the K.R.Puram Station at about 2.00 PM. The train arrived at the station at 3.15 P.M. All of sudden, the unreserved people  entered the coach D1 and they prevented the complainant and her family members to enter the coach and finally they occupied reserved seats. There is no other means to enter the coach with female members within 2 minutes, the train started to move without the complainant and her family members.  Thereafter with panic the complainant  travelled from K.R.Puram to Hosur by private car. The complainant sent a legal notice to the 1^st opposite party on 23.06.2017 and 10.07.2017. On 25.07.2017. The 2^nd opposite party sent a reply to the complainant that they are not held responsible for the incident and it is purely the responsibility of the passengers to have prepared themselves to board the train along with their luggages. Hence this complaint.

2. WRITTEN VERSION OF THE   OPPOSITE PARTIES IN BRIEF:

          The complainant  purchased a Tatkal train ticket for travelling from Krishnarajapuram to Chennai Central on 04.06.2017 in Train No.12640, Bridavan Express and the complainant and her family members were allotted seat Nos.41,44,45 and 46 in D1 coach.  The complainant had purchased the train ticket with boarding station as KSR Bangalore City Railway Station and not Krishnarajapuram as alleged by her. The complainant ought to have boarded the train in KSR Bangalore City Railway Station, which she had indicated as her boarding station when she booked the ticket. Instead, she had tried to board the train at Krisharajapuram, which is not the  boarding station for the complainant. Krishnarapapuram is a way side station and Brindavan Express has been given only two minutes stoppage. The complainant’s averment that unreserved passengers prevented her from entering the coach is false and denied. Unreserved passengers are not permitted to enter reserved coaches. The complainant has also alleged that unreserved passengers occupied the seats allotted to her family members and such averment is possible only if the complainant had boarded the coach. Hon’ble Forum may be pleased to dismiss the complaint with costs.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

          The complainant  had decided to attend a marriage function at Bangalore on 04.06.2017 along with her family members and the tickets were booked at the 1^st opposite party’s counter on 26.05.2017 itself from Chennai Central to  Krishnarajapuram, Bangalore  for 03.06.2017 journey and the return tickets were booked for the journey on  04.06.2017 from Krishnarajapuram, Bangalore to Chennai along with  her family members at Brindavan Express. Since the tickets are not confirmed, the complainant cancelled the tickets on 01.06.2017 under Ex.A1 and received the amount for the tickets after deduction of 40% of the ticket value. Again  the complainant  booked  ticket through Tatkal facility  from Chennai Central to Krishnarajapuram Bangalore  and also the return ticket from Krishnarajapuram to Chennai Central for the same date as earlier booked  by train No.12640, Brindavan  Express got confirmed ticket  and they were allotted coach D1 and seat Nos.41,44,45, and 46.

           05.  After the marriage the complainant  along with their family members travelled 20 Kms from the marriage hall and reached Krishnarajapuram railway station to get into the train  for their journey to Chennai central at about 2.00p.m. and the train arrived at 3.15.p.m. The case of the complainant  is that they all tried to get into the train at Krishnarajapuram station, but they were prevented by the travellers holding unreserved tickets and they could not enter inside the train. The complainant  called the Railway Police and the police did not respond their request and  then within two minutes the train started to move. she lodged the complaint before the Station Master at Krishnarajapuram. Railway station under Ex.A2 complaint dated  04.06.2017. Legal notice was issued by the complainant  to opposite parties  is Ex.A3  dated 23.06.2017 and the reply issued by the 1^st opposite party  dated  04.07.2017 is marked as Ex.A4 and the legal notice again issued by the complainant  to the 1^st opposite party  dated 12.07.2017 is marked as Ex.A6 and the reply by 2^nd opposite party  is Ex.A7. Since there is no proper response from opposite parties  the complainant preferred this complaint.

06. The opposite parties  have  filed Ex.B1, the reservation chart dated 04.06.2017 showing Bangalore junction as the boarding station for the complainant and the reply notice issued by the 2^nd opposite party  to the complainant dated 25.07.2017 and would contend that the complainant  had tried to board in a different place which is not the boarding point of the complainant  and the other allegations of the complainant  are denied.   As shown in Ex.B1, the complainant’s  coach is D1 with seat Nos. 41,44,45,46. The boarding point is noted as KSR Bangalore City  and  not  Krishnarajapuram as alleged by the complainant. The complainant  had furnished a false information in the complaint. As argued by the learned counsel for opposite parties, unreserved ticket holders are not permitted to enter into the reserved coaches. The complainant had not explained as how she came to know about the unreserved passengers were seated in their allotted seats without having entry into the coach. She had  the opportunity of getting into the train at her boarding point  i.e. Bangalore City since there is enough time for boarding the train and as pointed out by the opposite parties  Krishnarajapuram  is a way side station where the train stops only for two minutes.  The complainant  with her family members have taken the risk of boarding at an en route station and even if they tried to board  in a different station,  they should have  prepared themselves to board within the scheduled stoppage of two minutes as it is also the mistake of the complainant. The notices issued by the complainant  are replied by the opposite parties admittedly. The allotted coach is situated as 4^th coach from the Engine,   she should have approached the engine driver to stop the train to facilitate their boarding. The means of approach of Railway Police is not substantiated by the complainant .  She has not approached either the passenger help line or the Security help line in order to get their redressal solved immediately.

            07.  There is no evidence for their reach at even Krishnarajapuram station  at the appropriate time and  they would have  missed the train due to their late arrival.  There is also no proof that other passengers have also suffered with the same grievances as alleged by the complainant .Therefore the averments made by the complainant  in the complaint  in support of her claim for refund, compensation, costs is not tenable. As discussed in the above paragraphs, there is no deficiency in service warranting the  payment of   the alleged compensation as pointed out by the opposite parties  and  accordingly point No.1 is answered.

08. POINT NO:2

          In view of the decision arrived in point No.1 as there is no deficiency in service on the part of opposite parties, the complaint fails and is liable to be dismissed.  The complainant is not entitled to any relief against the opposite parties.

In the result, the complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 22^nd  day of January 2020.

 

MEMBER – I                                                                PRESIDENT

 

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 01.06.2017                   Cancellation of the tickets issued by 1^st opposite

                                                    Party

 

Ex.A2 dated 04.06.2017          Complaint with Station Master K.R.Puram Railway Station

 

Ex.A3 dated 23.06.2017          Legal Notice issued by complainant to opposite parties

 

Ex.A4 dated 04.07.2017          Letter issued by 1^st opposite party

 

Ex.A5 dated 10.07.2017          Legal Notice issued by complainant to 1^st opposite party

 

Ex.A6 dated 12.07.2017          Letter issued by 1^st opposite party

 

Ex.A7 dated 25.07.2017          Reply by 2^nd opposite party

 

LIST OF DOCUMENTS FILED BY THE  OPPOSITE PARTIES:

 

Ex.B1 dated 04.06.2017          Reservation Chart showing Bangalore Junction as the Boarding Station for complainant

 

Ex.B2 dated 25.07.2017          Reply notice issued by 2^nd opposite party to the complainant

 

 

 

MEMBER – I                                                               PRESIDENT