The instant complaint has been filed by Sri Sandeep Tripathi, an Air Force personnel u/s. 12 of C.P. Act with a prayer for issuing direction upon the O.P to pay Rs. 1,00000.00/- (One Lakh) for his mental agony, unnecessary harassment and cost of the proceeding.
The fact of the case, in a nut shell, as per complaint is that the complainant along with his family members took a Railway journey from New Alipurduar Railway Station to Puri by Train No. 15640, (Puri Express) Coach No. 5 having berth No. 70, 71 and 72, ticket No. 43320949 PNR No. 6762828619 dated 01/01/2017 and as such they aboard the said Train.
The train was running without serviceability of charger points and wash basin from New Alipurduar Railway Station. No verbal complaint was accepted by TTE, Guard, Operator on Telephone No. 138, It has also been alleged by the complainant that he wrote written complaint but the said problems were attended at Cuttock Railway Station. He also stated that he started complaint at New Alipurduar Railway Station but it was attended at Cuttack Railway Station. Hence, this instant complaint filed by him before this Forum.
The O.P had contested the case by filing W/V denying the case of complainant that the case is not maintainable in its present forum. According to O.P, the case is bad for want of jurisdiction u/s.13 and 15 of the Railway Claim Tribunal Act, 1987. Actually the claim of the complainant for loss, damage and deterioration of consignment rendered to Railways for carrying vests upon Chief Commercial Manager and it should be settled before the Railway Claim Tribunal u/s.13(1) of Railway Claim Tribunal Act, 1987.
It has been further alleged that the O.P denies that the complainant made any complaint either verbally of written before any running staff, i.e, T.T.E or Guard. The O.P further denies that no call was received by Operator on Telephone No. 138 because there are provisions of messaging in 138 which the complainant not done.
It is also further alleged by the O.P. that for the purpose of jurisdiction and cause of action, the complainant had filed this case against D.R.M. , N.F. Railway because the complainant himself admitted that he wrote written complaint at Rampurhat Railway Station which is under the jurisdiction of Eastern Railway and the alleged complaint if any, was attended at Cuttack Railway Station , Orissa which is under the jurisdiction of Southern Railway. The complainant has failed to produce any document that after attending the coach at Cuttack the defects were found and repaired.
The N.F.Railway authority after receiving the complaint enquired the matter and found that before departing, the train no. 15640 on 01/01/2017 from Guahati Station everything was checked by the concerned staff of Railway and found in serviceable condition.
Hence, the O.P. has prayed for dismissal of the case with cost.
According to the O.P, the complainant must prove his own beyond reasonable doubt but he failed to adduce any cogent or acceptable evidence. As such the O.P has prayed for dismissal of the case with cost.
The complainant and O.P both have filed their evidence on affidavit. On perusal of the same it appears that those are nothing but reiterated version of complaint and W/V.
In this context, the following points were necessarily come up for consideration to reach a just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.2 (1)(d)(ii) of Consumer Protection Act ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully and also perused the entire photocopy of the documents which are lying on record and heard strong arguments of the complainant and O.P in full.
Point No. 1 and 2:-
It appears from the case record that the complainant purchased a railway ticket from New Alipurduar Railway Station for his journey from New Alipurduar Railway Station to Puri along with his family being Ticket No. 43320949, Train No. 15640 (Puri Express) having Coach No. S-5 birth No. 70, 71 and 72 and PNR No. 6762828519 dated 01/01/2017. Therefore, the complainant has accrued right of journey by train with the strength of such purchase and destination of such journey from New Alipurduar Railway Station to Puri and the Railway authority had liability to ensure the complainant’s save and easy journey. In the eye of law passengers travelling by train on payment of stipulated fare for the ticket are consumers. As such, in this case the status of the complainant became consumer which is fallen within the purview u/s. 2(1) (d) (ii) of the C.P. Act, 1986.
The complainant purchased the ticket from New Alipurduar Railway Station which is within the territorial jurisdiction of this Fora as such there is no bar to file this case in this Forum. The journey of the complainant was not commercial purpose and nor he carried any type of goods. As such it is not obligatory to complainant to lodge/claim before Chief Commercial Manager, Maligaon, Assam. Any complaint against deficiency in service of rail may be lodged before railway authority anywhere in between the destination starting and its end. There is no scope to escape from the liability of service basing on territorial jurisdiction of the Forum. On the other hand, claim amount of the complainant does not exceed the pecuniary jurisdiction of this Forum (20 Lakhs). Therefore, this Forum has jurisdiction to entertain the case.
Thus both these points No.1 and 2 bear positive answer favouring the complainant.
Point No.3 and 4:-
Both the Points No.3 and 4 are taken up together for consideration for the sake of brevity and convenience as these two points are inter- linked to each other.
Passenger travelling by train on payment of stipulated fare for the valid ticket is a consumer and in that case the railway authority has liability to ensure the save and easy journey of that passenger. Easy journey means provision of water, light, air, cleanliness of the compartment, toilet and lavatory and now in this digital age the provision of mobile phone’s recharging system. The ticket being PNR No. 676-2828519 speaks that distance between New Alipurduar to Puri is 1258 K.Ms. So, it is not a journey for 2/4 hours. It is long distance journey for which aforesaid provisions/arrangements are required for all passengers.
Immediate after the departure from New Alipurduar Railway Station the complainant noticed that there was no supply of water as the Water-Basin was unserviceable condition. The Mobile Phone Charger Point was also not in serviceable condition. Despite verbal complaint made by the complainant to the attending TTE and the Guard nothing relief was given resulting which having been constrained the complainant lodged written complaint at Rampurhat Railway Station before the running TTE and Guard on 02/01/2017. Thereafter the above stated services were restored at Cuttack, Orissa after lapse of about 10 hours.
The allegations of the complainant have been established and proved by production of the original journey cum reservation ticket, carbon copy of the complaint. Xerox copy of call list and Xerox copy of SMS.
As per Para-7 of the written version it is admitted that railway authority received the complaint. The N.F. Railway Authority enquired into the matter and found that before departing the train on 01/01/2017 from Guwahati Station, everything was checked by concerned railway staff and they found everything was serviceable condition. Therefore, train was from Guwahati to Puri via New Alipurduar from where the complainant and his family members started journey. If everything was found in serviceable condition, as per W/V of the O.P, then it is the legal obligation to prove it by railway authority/O.P. But not a scrap of paper produced to establish such defence/plea. Nothing any oral or documentary evidence has been adduced by the O.P to disprove the complained case.
Railway Claim Tribunal Act does not prohibit the complainant to invoke Consumer Protection Act. The complainant has liberty to invoke C.P.Act.
If the plug point for recharging the mobile phone was in serviceable condition, in that event the railway authority had to prove it by adducing evidence. That has not been done.
Complainant has proved his case but the O.P side has failed to disprove it.
The complainant along with his two family members has suffered mental agony for deficiency in service on part of the O.P from New Alipurduar to Cuttock for a period about 10 hours- it is proved.
Thus all the points are disposed of accordingly.
Considering the positive results of the discussed points we are in the opinion that it should be justified to compensate the complainant for his harassment and mental agony with an amount of Rs.30,000/- (Rupees thirty thousand) together with cost of Rs.3000/- (Rupees three thousand) i.e. total Rs. 33, 000/-( Rupees thirty three thousand).
Hence, for ends of justice, it is
ORDERED
That the instant case be and the same is allowed on contest and with cost. The O.P-The Divisional Railway Manager, N. F. Railway, P.O.Alipurduar Junction Division, P.S & Dist-Alipurduar, Pin-736123 is hereby directed to pay an amount of Rs. 30, 000/- (Rupees sthirty thousand ) together with another amount of cost of Rs. 3000/- (Rupees three thousand) i.e total Rs. 33, 000/( Rupees thirty three thousand) to the complainant Sri Sandeep Tripathi within 30 (thirty) days from this day ,failing which 8% interest per annum shall carry on the decreetal amount from the date of filing of this case on 10/01/2017 till realization of the entire decreetal amount. Failing in compliance with this order, the complainant will be at liberty to put this decree into execution, according to law.
Let a plain copy of this Final Order be supplied to the concerned parties by hand/be sent under registered post with A/D forthwith for information and necessary action.
Dictated & Corrected by me
