Order No. 10 dt. 21/10/2019
The case of the complainant in brief is that the complainant wanted to travel from Naihati to Balurghat and for that purpose he purchased a ticket for the said journey on 2.12.18 by 13153 UP Gour Express from Naihati to Balurghat being ticket no.00720001. But on the same date the train had been diverted and no information was provided to the complainant either through mobile phone or any process of information. The complainant as per the scheduled time reached Naihatil Railway Station, but he came to learn that the train had been diverted. The complainant requested the Station Master at Naihati Railway Station to make arrangement for the journey to Balurghat so that he can avail the train, but no assistance was provided. The Station Master informed the complainant that he will get refund of the amount on the next date at Khardah Railway Station. Accordingly, the complainant went to Khardah Railway Station at PRS counter and submitted requisition form for cancellation of the ticket, but the booking clerk did not give any importance of the assurance of the Station Master of Naihati Railway Station. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. to refund of the ticket amount of Rs.160/- as well as compensation and litigation cost.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the diversion of train route had to be adopted due to power or point block and/or non- interlocking measures by the railway authority for safety, smooth running of the railway rakes by commissioning of third line between Bandel - Devipur Station with the only and sole intention of ensuring passenger safety. Every effort is made to inform the travelling public about unforeseen changes in schedules or composition through various media such as TV, Radio, Newspapers, Notice Board at station, Public Address System at stations, Railway Enquiry System etc. In the present case for the interest of the larger segment of public and for better service in future, non-interlocking work had been taken up for which Gour Express was also diverted through Dankuni – Burdwan. Alternative stoppage at Kamarkundu was also provided. The said diversion was repeatedly announced from the P.A. System of Naihati Railway Station on and from 15-30 hours on 2.12.18 for the convenient of the passengers. The o.ps. have also stated that there was no deficiency in service on the part of o.ps. and as such, the case is to be dismissed.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant booked a ticket in respect of the train in question whereby diversion of route was made by o.ps.?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
It is the contention of the complainant that the complainant wanted to travel from Naihati to Balurghat and for that purpose he purchased a ticket for the said journey on 2.12.18 by 13153 UP Gour Express from Naihati to Balurghat being ticket no.00720001. But on the same date the train had been diverted and no information was provided to the complainant either through mobile phone or any process of information. The complainant as per the scheduled time reached Naihatil Railway Station, but he came to learn that the train had been diverted. The complainant requested the Station Master at Naihati Railway Station to make arrangement for the journey to Balurghat so that he can avail the train, but no assistance was provided. The Station Master informed the complainant that he will get refund of the amount on the next date at Khardah Railway Station. Accordingly, the complainant went to Khardah Railway Station at PRS counter and submitted requisition form for cancellation of the ticket, but the booking clerk did not give any importance of the assurance of the Station Master of Naihati Railway Station. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. to refund of the ticket amount of Rs.160/- as well as compensation and litigation cost.
Ld. lawyer for the o.ps. argued that the diversion of train route had to be adopted due to power or point block and/or non- interlocking measures by the railway authority for safety, smooth running of the railway rakes by commissioning of third line between Bandel - Devipur Station with the only and sole intention of ensuring passenger safety. Every effort is made to inform the travelling public about unforeseen changes in schedules or composition through various media such as TV, Radio, Newspapers, Notice Board at station, Public Address System at stations, Railway Enquiry System etc. In the present case for the interest of the larger segment of public and for better service in future, non-interlocking work had been taken up for which Gour Express was also diverted through Dankuni – Burdwan. Alternative stoppage at Kamarkundu was also provided. The said diversion was repeatedly announced from the P.A. System of Naihati Railway Station on and from 15-30 hours on 2.12.18 for the convenient of the passengers. The o.ps. have also stated that there was no deficiency in service on the part of o.ps. and as such, the case is to be dismissed.
Considering the submissions of the respective parties it is an admitted fact that the complainant for the purpose of journey from Naihati to Balurghat purchased a ticket. The complainant has alleged that the diversion of route was made by o.ps. without giving any information to the complainant for which the complainant has suffered and as such, he had to file this case. It appears from the materials on record that o.ps. in their w/v as well as evidence categorically stated that regarding diversion of route of the said train was made for the purpose of safety and security of the passengers and for that purpose non-interlocking work had been taken up for commissioning of third line between two stations and for that purpose Gour Express was also diverted through Dankuni – Burdwan. Alternative stoppage at Kamarkundu was also provided. The o.ps. have also annexed various documents to show that the said diversion of route was also published in various daily newspapers. Apart from the said fact through TV, radio, etc. announcement was also made regarding diversion of different trains including Gour Express. The complainant has stated that his friend availed the said train and he was informed while the train was leaving Dakhineswar wherefrom he came to learn that route diversion was made. The complainant has not filed any evidence of the said friend to support his contention that no information was provided to the passengers regarding the diversion of the train route on that date. The complainant has stated that he being a Member of Consumer Forum posted at Balurghat wanted to avail the train on that date. It appears from the materials on record that at several stations information of diversion of route was also announced in P.A. System. The complainant ignoring all such directions of o.ps. and for the purpose of having the compensation from o.ps. filed this case, for which we hold that the complainant has failed to make out any case against the o.ps. that there was any deficiency in service on the part of o.ps. Thereby we hold that the case filed by the complainant has got no merit and the complainant will not be entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.29/2019 is dismissed on contest without cost against the o.ps.
