DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 09 OF 2017

Kousika Choudhury (58 Yrs),

S/O- Late Dambarudhar Choudhury,

RO: Masanikani, PO-Bhedabahal, PS: Bhasma,   

Dist: Sundargarh, Odisha, ………….…………………….….………………Complainant.

Versus

1. The Divisional Railway Manager,

S.E. Railways, Chakradharpur Division,

Dist: West Singhbhum, Jharkhand,Pin-833 102.

2. The Station Manager,

Jharsuguda Railway Station, S.E.Railway,

PO/PS/Dist- Jharsuguda (Odisha).……………….…….…………..Opp. Parties.

Counsel for the Parties:-

For the Complainant                                       D. Naik, Adv. & Associates.

For the Opp. Parties                                       H.K. Purohit, Adv &. Associates.

Date of Order: 21.11.2017

Present

1. Shri Sundar Lal Behera, President.

                                                                                2. Shri Santosh Kumar Ojha, Member.

                                                                              3. Smt. Anamika Nanda, Member(W).

Shri Santosh Kumar Ojha, Member : - This case is against the O.Ps. on allegation of deficiency in service on their part as the complainant deprived of boarding on the train which had been announced to be arrived on platform No.1 but all of a sudden arrived  on platform No.2, so also the doors of 2nd AC Coach of the said train was locked form inside. The complainant along with his wife harassed a lot and suffered mentally.

            The brief facts of the complainant’s case is that, the complainant had booked a journey cum reservation ticket in Tatkal Seva in the 2^nd AC class for the train No.22846 (Howrah-Pune Express) from Jharsuguda to Pune for his wife and himself. The date of journey was dtd.24.12.2016. The scheduled arrival time of the said train was 00.13 Hrs. and the departure time was 00.15 Hrs. On the date of journey the complainant alongwith his wife and one Arjun Naik had arrived at Jharsuguda Railway Station before half an hour of the scheduled arrival time of the said train. The complainant along with others two were waiting for the said train and after enquiry they came to know that the said train will arrive at platform No.1 which was running in right time and was also displaying on the display board.  About 10 minutes before of arrival of train, one goods train arrived and halted at platform No.1. About 05 minutes before arriving of the train it was announced that the train will arrive at platform No.2 instead of platform No.1.  The complainant and his wife rushed towards platform No.2 through the over bridge and managed to reach their coach (A-1) i.e 2^nd AC coach and found that the doors of the said coach was locked from inside.  The complainant shouted to unlock the doors but no body unlocked.  The complainant tried to get into nearby coach but failed to do so and the train departed. Thereafter the complainant met with Station Manager, Jharsuguda Railway Station and reported the matter where the Station Manager allowed them for the next train i.e. train No.12130 (Azad Hind Express) which was scheduled at 05.50 Hrs. The complainant waited and boarded at the said next train but found no any accommodation in the 2^nd AC Coach. The complainant board down at the next station. The complainant was to take an appointment for medical checkup of his wife before the Spinal Cord Specialist at Sancheti Hospital. The complainant booked another 2^nd AC class ticket in the Train No. 02822 SRC-PUNE SF SPL for dtd. 25.12.2016 by paying Rs.5,712/- only and reached on dtd.26.12.2016. The complainant filed this case for proper adjudication of the matter.                                                                                                       

            The O.Ps. appeared and filed written version through their learned counsel  jointly.

The O.Ps challenged on maintainability of the case as it is barred by the legal provision enumerated U/S.13 read with Section 15 of the Railway Claims Tribunal Act, 1987 regarding the refund of the fare of the passengers. The complainant could have surrendered his ticket and got a Ticked Deposit Receipt (TDR) and claimed before the Chief Commercial Manager (Refund) , S.E. Railway, Kolkata for refund of the fare. The O.Ps also submitted that, on that date 10 passengers were boarded at Jharsuguda in AC-III tier and the AC-II tier. AC-III tier are vestibule coaches, they could have easily occupied their berths in AC-II tier. The conductor of the said train examined the chart and himself opened the door of AC-II tier and instructed the attendant for smooth boarding of the complaint. After missing of the train, the Station Manager rendered all positive help for allowing them to travel by next train. The O.Ps denied on any allegation of deficiency in service.

            The matter was heard in length.

The materials available on the case record were perused minutely. Both the parties strongly argued on the disputes arose and filed relevant documents in support of their case.

The complainant filed the original railway reservation tickets dtd. 22.12.2016 of Train No. 22846  date of journey 24.12.2016 having PNR-625-9755580, ticket dtd.24.12.2016 of Train No. 02822 date of journey 25.12.2016 having PNR – 615-9821283 and 645-9821604, original Affidavit sworn by one Arjun Naik S/O. Late Minaketan Naik and a citation of judgment decided by Hon’ble Apex Court of India between Chief Administrator, HUDA & Anr. Vrs Shakuntala Devi bearing Civil Apal No. 7335 of 2008 reported in 2017(I) OLR (SC)-527. The O.Ps filed Xerox copies of chart reports, Train Signal Register (extract), extract of The Railway Claims Tribunal Act, 1987 and an Affidavit sworn by one Tikeshwar Beshan, S/O. Late Braja Beshan (Chief Ticket Inspector, S.E.Railway, Ranchi Division).

On observing the submissions of both the parties following issues are framed to be decided.

1. Whether the case is maintainable before this Hon’ble Forum or not ?
2. Whether the O.Ps are deficient in their service or not ?
3. Whether the complainant is entitled for any relief or not ?

On issue No.1 the O.Ps filed an extract of the provisions mentioned U/S. 13 and U/S. 15 of The Railway Claims Tribunal Act , 1987. The provision of U/S-13(1)(b) of the Railway Claims Tribunal Act,1987 says that, “in respect of the claims for refund of fares or part thereof or for refund of any freight paid in respect of animals or goods entrusted to a railway administration to be carried by railway” so also U/S. 13 (1) (4) of the The Railway Claims Tribunal Act , 1987 read as under, “Jurisdiction of Claims Tribunal – Section 13 of the Railways Claims Tribunal Act, 1987 deals with the jurisdiction, powers and authority of Claims Tribunal and the bar of jurisdiction is contained under Section 15 which says that on and from the appointed day, no Court or other authority shall have or be entitled to exercise any jurisdiction, powers or authority in relation to the matters referred to sub-section (1) and (1-A) of Section 13 (4)”.

Section 15 reads as, “Bar of Jurisdiction – On and from the appointed day, no Court or other authority shall have, or be entitled to exercise any jurisdiction, powers or authority in relation to the matters referred to in 1[sub-sections(1) and (1-A)] of Section 13”.

But U/S. 3 of The Consumer Protection Act, 1986 says that, “Act not in derogation of any other law – The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force”.

Subsequently, the consumer / complainant filed this case not for refund of his ticket fare rather he has filed on the ground of deficiency in service performed by the O.Ps which can only be properly decided in the Consumer Forums which this Hon’ble Forum has adequate territorial jurisdiction.  As such the case is maintainable.

            So far as Issue No.2 is concerned it is not disputed that the complainant had booked 2^nd AC class tickets on the above mentioned dates. The O.Ps also admitted that on dtd. 24.12.2016 the Train No. 22846 had arrived at Jharsuguda Railway Station on Platform No.2 as because there was one goods train halted on Platform No. 1 during the scheduled arrival time of the said train. Rather the very matter of dispute is that whether the doors of the 2^nd AC coach (A-1) were in opened condition or not for which the complainant alongwith his wife could not get into the train ?

It is very hard to ascertain but the submission of the O.Ps and their documents reflects that on the date of journey i.e 24.12.2016 10 passengers had boarded from Jharsuguda Railway Station but those were boarded in 3^rd AC coach (B-2 and B-3). On the

said day one Tikeshwar Beshan son of late Braja Beshan (Chief Ticket Inspector, S.E.Railway, Ranchi Division) was performing the duty of train conductor who has sworn an affidavit (Para 3) shows that, “xxxxxxxxxxxxx. After getting the chart, I examined the boarding position in 2^nd AC and 3^rd AC and it was found that two passengers had to board in 2nd AC and two passengers in in B-2 coach and 08 passengers in B-3 coach. Accordingly, I opened one door of 2^nd AC coach and informed the coach attendant to look after the complainant for their smooth boarding after which I personally proceeded to the 3^rd Ac coaches for allowing 10 passengers in two 3^rd AC coaches according to the chart position”. It reveals that the said Chief Ticket Inspector namely Tikeshwar Beshan had opened the doors of the 2^nd AC coach. It is worth noting that if the doors of the said 2^nd AC coach would had been in opened condition then what prevented the complainant along with his wife not able to get into the said coach. The O.Ps. also contended in his Written Version (Para -7) that, “xxxxxxxxxxxxxx, the complainant and his wife could have boarded into the AC III tier as the AC II tier and AC III tier are vestibule coaches”. Such statement reveals that the doors of 2^nd AC Coach were locked from inside and after shouting by the complainant nobody unlocked the doors and while trying to enter through the door of 3^rd AC Coach the train started running as a result the complainant and his wife failed to enter into the said train.

 It is also worth noting that the Station Manager, Jharsuguda Railway Station had allowed the complainant and his wife for the next train i.e Train No. 12130 Express by putting his seal and signature on the back side of their ticket of journey dtd.24.12.2016, what prevented the said Station Manager, Jharsuguda Railway Station to do the same. In general practice no any authority / authorities would simply allow any passenger(s) for any other train against missing of any train for any reason what so ever.

            The above mentioned facts and circumstances clearly denotes towards the wrong happenings / adopting of gross negligent attitudes or can say gross deficiency in services performed by the O.Ps. such as allowance of the Train No.22846 on platform No.2 even after making announcement and showing on display about the said train to be arrived on platform No.1 in very short period of time and locking of the doors of 2^nd  AC coach from inside. Such activities of the O.Ps. put the complainant and his wife in immense harassment which extended to deprived from getting into the train. Thus the Issue No.2 is decided

When the O.Ps found to be committing of gross deficiency in their services the complainant is entitled to get relief through compensation and the issue no. 3 is answered.

            Hence the complaint petition is hereby allowed with the following directions to the O.Ps.;

ORDER

1. The O.Ps. are hereby jointly and severally directed to pay a sum  of Rs.18,000/-         (Rupees eighteen thousand) only towards harassment and mental agony to the complainant.

2. The O.Ps. are hereby further jointly and severally directed to pay Rs.2,000/- (Rupees two thousand) only towards litigation costs to the complainant.

3. All the aforesaid orders are to be carried out within 30(thirty) days from the  date of receipt of this order, failing which interest @ 12% per annum will be charged on all awarded amounts till realization.

Accordingly the case is disposed of.

Order pronounced in the open court today on this the 21^st day of November’ 2017. Free copy of this order shall be communicated to the parties as per Rule.

                           I Agree.                                     I Agree.

                                        .

                     A. Nanda, Member (W)     S.L.Behera, President     S.K.Ojha, Member 

                                               Dictated and corrected by me.

     S.K.Ojha, Member