BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 23/08/2012

Date of Order : 29/11/2014

Present :-

Shri. A. Rajesh, President.

Shri. Sheen Jose, Member.

Smt. V.K. Beena Kumari, Member.

C.C. No. 505/2012

Between

And

O R D E R

V.K. Beena Kumari, Member.

1. The facts leading to this complaint are as follows :-

The complainant and his family including his aged parents intended to go for a pilgrimage to Mookambika Temple. Accordingly, the complainant reserved the railway tickets for all the members of the family including himself on 19-05-2012 at Aluva Railway Station for the travel from Aluva to Uduppi and also reserved the ticket for the return journey on 05-07-2012 from Uduppi to Aluva. The return tickets were reserved for the return journey in train No. 12618 Mangala-Lakshadweep Express which was scheduled to start from Uduppi at 11.20 p.m. on 05-07-2012. The berth Nos. 51, 2,3,1 and 4 respectively in coach B1 were also allotted by the opposite parties to the complainant and his family in the above said train. The complainant and his family after visiting the Mookambika Temple reached Uduppi Railway Station for their return journey early at 10 p.m. on 05-07-2012. On enquiry, the Station Master of Uduppi Railway Station informed the complainant that the time schedule of Mangala express was changed and the said train will leave the Uduppi Railway Station at 12.50 a.m. only. The complainant and his family waited for the train to come and boarded the train at 12.50 a.m.. The complainant and his family were shocked to see that the berths allotted to them were occupied by other passengers. It was pointed out to the Train Ticket Examiner (TTE). But the TTE harassed the complainant and told the complainant that the ticket possessed by the complainant related to previous day. Therefore, the complainant and his family cannot travel in the train using the ticket available with him. The TTE also wanted the complainant to take new ticket from the starting point of the train from Madgoa to Aluva and also imposed fine for ticket-less travel. The complainant having no other go had to pay Rs. 5,500/- on the spot and only after payment of the above amount, the TTE allowed the complainant and family to travel in the train. The act of TTE in not permitting the complainant and his family to travel in the above said train even when the complainant had reserved and paid the ticket fare for the return journey, two months before the scheduled date of travel, amounts to deficiency in service on the part of the opposite parties and the situation created by the TTE had inflicted great mental agony and physical hardship to the complainant as well as to the family members. Therefore, the opposite parties are liable to pay compensation for the deficiency in service on their part to the complainant and his family. Hence, this complaint is filed seeking direction against the opposite parties to refund of the ticket fare and excess fare collected of Rs. 5,500/- from the complainant and to pay Rs. 90,000/- towards compensation for the physical and mental agony suffered by the complainant and his family.

2. The version filed by the 1^st and 2^nd opposite parties is as follows :-

The 1^st and 2^nd opposite party in their version submitted that the berths as shown on the ticket were reserved for the complainant and the party, that there were no deficiency on the parts of the 1^st and 2^nd opposite parties that the train operated though Konkan route are run as per 2 time tables, one is the normal timing from 10^th June to 31^st October in view of the extreme climatic conditions en-route, that the Station Master at Uduppi Railway Station is under the jurisdiction of Managing Director, Konkan Railway corporation Ltd., therefore, the 1^st and 2^nd opposite parties are not competent to make any remarks on the allegations raised by the complainant in his complaint. It is also submitted that the complainant is motivated by undue monetary considerations.

3. The version of the 3^rd opposite party is as follows :-

The complainant subsequently impleaded the 3^rd opposite party the Konkan Raiway Corporation Ltd. It is in their version submitted that the jurisdiction of the Konkan Railway Corporation Ltd. is from Roha (a Junction Station on Central Railway) to Thokur (a junction station on Southern Railway). It is seen from the complaint that the complainant reserved his ticket at Aluva Reservation counter for the journey from Uduppi to Aluva. The Aluva Railway Station is located in Southern Railway, hence the correctness of the dates for which the complainant had tendered his reservation forms can be confirmed only by Southern Railway on Aluva Reservation Office is under the Administrative Control of Southern Railway, that the train No. 12618. Mangala-Lakshadeep Express in which the complainant had reserved his ticket from Uduppi to Aluva, starts from H. Nizamuddin (under Northern Railway) and runs upto Ernakulam Junction (under Southern Railway), that the role of 3^rd opposite party is only to carry the passengers travelling in its jurisdiction and to accommodate the passengers whose names are shown in the reservation chart, that the name of the complainant was not available in the reservation chart of 12618 train on 05-07-2012, hence the Konkan Railway could not accommodate the complainant and his family members, that the reservation charts are preserved only for six months, hence the relevant reservation chart could not be produced before the Forum. It is further submitted that the scheduled arrival and departure time of the 12618. Mangala Express on 05-07-2012 is 00.56 hours and 00.58 hours respectively, that the above timings were effective from 10^th June to 31^st October 2012. It is submitted that the reservation charts are prepared from the data of passengers booked by train 12618 from the data base of Northern Railway, which is under the administrative control of Chief Commercial Manager (CM), Northern Railway. Had the passengers names have been recorded in the data of passengers on 05-07-2012 from Uduppi, the names of passengers would have appeared in the reservation chart. As the names of the complainant and his family members were not available in the reservation chart, they were treated as irregular ticket holder and were charged as per the extent rule and the receipts for the same has been given to them. It is further submitted that in the ticket issued to the complainant, it is clearly mentioned that a new time table will be effective from 10-06-2012. The complainant might have purchased the ticket after ascertaining himself of the timings. Hence the 3^rd opposite party cannot be blamed that they have not intimated the complainant about the timings. It is prayed that the 3^rd opposite party may be deleted from the party as not a necessary party.

4. The complainant was examined as PW1 and the documentary evidences produced by the complainant were marked as Exts. A1 and A2. Neither oral or documentary evidence adduced by the opposite parties. Heard the counsel for the parties.

5. The issues to be decided in this case are as follows :-

1. Whether the complainant is entitled to get refund of the ticket fare and excess fare charged on the complainant on 06-02-2012 with interest?

2. Whether the opposite parties are liable to pay compensation to the complainant for the mental agony suffered?

    

6. Point No. i. :- On 19-05-2012, the complainant reserved five railway tickets for himself and his family members at Aluva Railway Station for the journey from Aluva to Uduppi and also for the return journey from Uduppi to Aluva in Train No. 12618 Mangala - Lakshadweep Express which was scheduled to arrive at Uduppi Station on 05-07-2012 at 11.20 p.m. The complainant and his family members were also allotted berths Nos. 51,2,3,1 and 4 respectively. Accordingly, the complainant and his family reached the Uduppi Railway Station for the return journey early at 10 p.m. On 05-07-2012 and made necessary enquiries. The Uduppi Railway Station Master informed the train No. 12618 Mangala – Lakshadweep Express will leave the Uduppi railway Station at 12.50 a.m. and the complainant and his family waited in the railway station for the train to come and promptly boarded the train No. 12618 at 12.50 a.m. But the berths allotted to the complainant and his family were found occupied by other passengers. The complainant himself approached the Train Ticket Examiner (TTE) and pointed out the above fact to him. But the TTE, instead of making necessary arrangements to provide the allotted berths harassed the complainant and had taken a stand that the complainant and his family are ticketless travellers and the ticket available with the complainant as evidenced by Ext. A1 was intended for a travel on the previous day ie. on 05-07-2012. The TTE informed the complainant that he can not travel in the train using the said ticket and wanted him to take new tickets from the starting point of the said train from Madgoa to Aluva. Since the complainant and his family members are treated as ticketless travellers, the TTE also imposed fine for ticketless travel. Thus, the complainant had no other way, but to pay Rs. 5,500/- on the spot towards ticket fare and excess fare, so as to enable him and his family to travel in the said train to Aluva. The journey-cum-reservation ticket ie. Ext. A1 then available with the complainant goes to show that the complainant had reserved the tickets for the return journey from Uduppi to Aluva in train No. 12618 as early on 19-05-2012 at 19-08 hours at Aluva Railway Station, which station comes under the jurisdiction of Southern Railway and the date tendered for return journey was 05-07-2012. It is also mentioned in Ext. A1 that “NEW TIME TABLE FROM 01-07-2012 MNGLA-LKSDP EXP BOARDING UD 05-07-2012 915 09-05-2012 19:08 AWY 232 VIA KGO-SRR.” The 3^rd opposite party in its version stated that the exact date of journey for which the complainant had tendered in his reservation form can only be explained by Southern Railway under whose jurisdiction comes the Aluva Railway Station. We are not inclined to accept the above submission, since the date of journey from Uduppi to Aluva is clearly mentioned in Ext. A1 journey-cum-reservation ticket as 'Boarding UD 05-07-2012.' The above timing was fixed by the officials of the 3^rd opposite party as per the new time table, further the 3^rd opposite party submitted that the data of passengers booked by train No. 12618 were stored in the data base of Northern Railway and the reservation chart prepared therefrom does not contain the names of the complainant and his family members and the non-appearance of their names in the reservation chart can only be best explained by Northern Railway data base, which is under the Administrative Control of Chief Commercial Manager (CPM), Northern Railway, New Delhi and the Konkan Railway cannot carry the passengers whose names does not appear in the reservation chart. As the names of the complainant and his family members were not available in he reservation chart, they were treated as irregular ticket holders and they were charged as per extent rule, but no one of the opposite parties could explain the further steps taken by the railways after getting the reservation charges from the complainant. It is evident that omission occurred in including the names of the complainant and his family members either in the data base or in the reservation chart. The opposite parties failed to establish by whom the omission to include the names of the complainant and his family members occurred. The omission on the part of the opposite parties after getting the reservation charges from the complainant amounted to deficiency in service on the part of the opposite parties. We find tat the Uduppi Railway Station Master had correctly guided the complainant about the arrival time as 12.50 a.m., when he enquired at 22.00 hours about the timing of the arrival of train No. 12618 at Uduppi that the complainant and his family members had correctly boarded the train No. 12618 after midnight at 12.50 hours on 06-07-2012, which timing was scheduled by the 3^rd opposite party that the complainant and his family members had travelled in the above train with proper tickets, especially in view of the fact that the opposite parties have no case that the train No. 12618 had left the Uduppi Railway Station on the previous day ie. on 05-07-2012 and in view of the fact that the 3^rd opposite party could not produce the passenger data base recordings from which the reservation chart was prepared by the 3^rd opposite party whereas the complainant was holding a valid ticket to travel in train No. 12618 Mangala-Lakshadweep Express on 05-07-2012. Thus, the collection of Rs. 5,500/- from the complainant towards ticket fare and excess fare on 06-07-2012 by the TTE is found incorrect, illegal and unjustifiable. Therefore, we are of the firm opinion that the complainant is entitled to get refund of the above amount with interest thereon.

7. Point No. ii. :- The complainant had correctly boarded the train No. 12618 at 12.50 a.m. after necessary enquiries with the Uduppi Railway Station Master. The 3^rd opposite party in its version also stated that the Uduppi Railway Station Master had correctly guided the complainant and the complainant had correctly boarded the train No. 12618 at 12.50 a.m. on 06-07-2012. In the instant case, the complainant himself had approached the TTE to inform that the berths reserved by him were seen occupied by other passengers. But the TTE made no efforts to accommodate the complainant and his family members even when they were holding a valid journey cum reservation ticket wherein it is specially stated that 'a new time table from 01-07-2012.' the time alone is changed and the TTE made no efforts to make available the berths reserved by the complainant. In fact, the TTE harassed the complainant and declared the complainant and his family members as ticketless travellers in front of other fellow travellers and imposed penalty for 'ticketless travel' as evidenced by Ext. A2 excess fare ticket. The above rude behaviour of TTE, that too in midnight hours, amounted humiliation and mental torture. It is to be remembered that the railway has no existence without its valuable passengers like the complainant and his family members. The opposite parties being the officials of the railway are liable to pay for the unpleasant situation created. In this case, the train number, number of passengers, name of the train, name of the passengers are all correct except the timings which was changed by the 3^rd opposite party. We find no fault on the part of the complainant and his family members in travelling with the valid Ext. A1 journey-cum-reservation ticket in the train No. 12618 after midnight on 05-02-2012. Declaration of the TTE that the complainant and his family members are ticketless travellers, levy of excess fare by way of penalty, denial of permission to travel with Ext. A1 ticket, all inflicted severe mental agony on the complainant and his family members for which the opposite parties are liable to pay compensation to the complainant. Here the complainant's family members were not made parties to the complaint. Therefore, we award compensation only to the complainant. We fix it at Rs. 10,000/-, which is inclusive of costs of the proceedings.

8. In the result,w e partly allow the complaint and direct as follows :-

1. The opposite parties shall jointly and severally refund Rs. 5,500/- (Rupees Five thousand five hundred only) being the ticket fare and excess fare to the complainant with 12% interest p.a. from the date of receipt by the railway ie. on 06-07-2012 till realisation.

2. The opposite parties shall jointly and severally also pay Rs. 10,000/- (Rupees Ten thousand only) towards compensation to the complainant which is inclusive of costs of the proceedings.

The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 29^th day of November 2014.

Sd/- V.K. Beena Kumari, Member.

Sd/- A. Rajesh, President.

Sd/- Sheen Jose, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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