(Passed on 01.12.2015)

Per Mr B A Shaikh, Hon’ble Presiding Member

1. This is a complaint filed under Section 17 read with Section 12 of Consumer Protection Act. The case of the complainant as set out in the complaint in brief is as under.

2. The complainant is an association of pilgrims of Gondia and nearby places.  The opposite party (for short O.P.) Nos.1 to 5 are the various authorities of the South Eastern Central Railway. The members of association of complainant had decided to participate in blood donation camp at Anandpur Sahib of Punjab State scheduled to be held in the year 2009. Therefore, the complainant engaged / hired special train from the O.Ps from Gondia to Anandpur Sahib.  The complainant paid part of the amount of Rs.75,000/- towards booking and remaining amount of Rs.14,88,448/- on 08.03.2009.  The complainant paid total Rs.15,63,448/- to O.Ps. The members of the complainant – association started journey by the special train from Gondia to Anandpur Sahib on 08.03.2009 at 5.30 p.m. and it reached Anandpur Sahib. Their return journey was started by the train on 11.03.2009 at 08.00 p.m. and the said train was expected to arrive at Gondia on 14.03.2009 at 9.45 a.m. However, during the return journey, when the train reached at Tumsar Road Railway Station one of the passenger of the train was feeling pain in his heart and therefore due to his serious condition one of the passenger of that train stopped the train by pulling chain so as to arrange medical treatment for him.  However, O.P.No.2 Sr. DCM of railway alongwith his staff and railway police force came to the place where train was stopped, demanded penalty and used filthy language and threatened the passengers of the train for arrest.  Members of the complainant - association tried to convince him about emergency condition. However, he was not convinced and train was unnecessary stopped for 1.15 hours at that place.  Thereafter, the train started and it reached at Gondia.  No platform was provided to that train at Gondia.  There was no passage for the passengers to come out from the train. The train remained there without any platform for more than two & half hours.  However, thereafter, the respondent No.2 arranged platform for that special train.  The platform was not made available to that train deliberately, though the platform was available. Therefore, the O.Ps rendered deficient service to the complainant.  Hence, the complaint is filed by the complainant claiming refund of Rs.15,63,448/- and compensation of Rs.10.00 Lacs towards physical & mental harassment and cost of Rs.1.00 Lac.

3. The O.Ps resisted the complaint by filing reply.  They admitted that the complainant – association had booked the special train from the O.Ps and paid an amount of Rs.15,63,448/- as claimed in the complaint. They also admitted that the train started journey from Gondia and reached to Anandpur Sahib and then also returned to Gondia.  It is their case in brief that the schedule halt of special train for going to Anandpur Sahib from Gondia were Nagpur and Anandpur Sahib and for return journey the halts were at Amritsar,  Nagpur and Gondia.  When the train was going to Anandpur Sahib there were two unauthorised detentions of the train by the complainant i.e. at Itarsi Railway Station for seven minutes and Bina Railway Station for two minutes and while coming back there were unauthorised detentions of train at Anandpur Sahib for 20 minutes, Zansi for 8 minutes and Tumsar for 1.46 hours and Tirora for 25 minutes and Gangazari for 10 minutes.  The said unauthorised detentions were due to chain pulling and hence, the entire function of the railway was hampered due to which other two trains bearing Nos. 376 & 2383 were detained at Tumsar Road Railway Station.  It is denied that at Tumsar Road Railway Station there was heart pain to one passenger and hence, the train was stopped by pulling of chain for medical help.  The O.P.No.2 inspected the train at Tumsar Road Railway Station when the train was stopped due to chain pulling.  It is denied that the O.P.No.2 threatened the pilgrims and used filthy language.  The chain was illegally pulled so as to get down some passengers at their destination station, which is illegal. The complainant used unparliamentary language and created nuisance and hampered the running of the train.  The representative of the complainant had threatened the Stationmaster, Chief Booking Supervisor and O.P.No.2.  Therefore, the complaint was lodged with the Railway Police Force, Tumsar on 14.03.2009. The Crime No.638/2009 was registered against him for the offences punishable under Sections 145, 148 & 179 of Railway’s Act.  The Court convicted Mr Indrakumar Rahi, the representative of the complainant – association on 13.09.2012.  In that case Court imposed fine of Rs.50/- on him due to unauthorised detention of train at Tumsar Road Railway Station for 1.46 hours, The train Nos. 2843 & 376 were detained in section and later on the special train was shunted from line No.8 to platform No.4 to detrain the passengers at 2.30 hours.  Therefore, the O.Ps submitted that they have not rendered deficient service to the complainant and hence, the complaint is liable to be dismissed with cost.

4. The complainant filed his evidence affidavit and the copies of documents namely railway ticket, certificate of doctor of Tumsar, photograph of the train showing that it was not halted at the platform at Gondia, the complaint made by Indrakumar Rahi to O.P.No.1, the complaint of Indrakumar Rahi forwarded to National Human Rights Commission, New Delhi and press report published in local newspaper about the problems faced by the passengers of the aforesaid special train.

5. On the other hand, the O.Ps filed documents namely complaint made to Judicial Magistrate First Class, Nagpur against Indrakumar Rahi and order passed about his conviction and imposition of fine of Rs.50/- by the said Court.
6. Advocates of both parties filed their respective Written Notes of Arguments.  We have considered the respective Written Notes of Arguments, aforesaid affidavit and documents. We have also heard advocates of both parties.

7. The learned advocate of the complainant submitted that the O.Ps failed to provide the facility for which they were duty bound and they also harassed the representative members of complainant – association by showing colourable exercise of their power as proved by the complainant and therefore, the O.Ps have rendered deficient service to the complainant and hence, the reliefs sought for may be granted.

8. On the other hand, learned advocate of the O.Ps submitted that the allegations made by the complainant are not proved and that on the contrary it is proved that Mr Indrakumar Rahi, the representative of complainant against whom the complaint was filed in that Court, has been convicted and sentenced to pay fine of Rs.50/- for the criminal acts committed by him during the said journey. He also submitted that the train was stopped by the passengers of the train for many occasions by pulling the chain illegally and thereby hampered the running of many trains.  He requested that as no deficiency in service is proved by the complainant on the part of the O.Ps, the complaint may be dismissed.

9. It is not disputed that the complainant had hired the train for

going from Gondia to Anandpur Sahib by paying initial amount of Rs.75,000/- and subsequently Rs.14,88,448/- i.e. total Rs.15,63,448/- to the O.Ps.  It is further not disputed that the train completed journey from Gondia to Anandpur Sahib and back from Anandpur Sahib to Gondia. Therefore, there is no question of refund of Rs.15,63,448/- paid by the complainant. Moreover, the said amount cannot be also refunded on the ground that the O.Ps rendered deficient service to the complainant during said journey which has been already completed.

10. The main allegations of the complainant as made in the complaint in brief are that at Tumsar Road Railway Station when the train was stopped by pulling of chain for providing medical aid to ailing passenger of the train, the O.P.No.2 came there and threatened the passengers of the train. Secondly, the train was not stopped at the railway platform for more than two & half hours at Gondia, which caused harassment to the passengers of that special train.

11. It is not disputed that at Tumsar Road Railway Station, when the train was stopped due to pulling of chain, O.P.No.2 reached there.  However, according to the O.Ps at that station when the train was stopped due to chain pulling, Mr Indrakumar Rahi, the representative of the complainant committed various offences and therefore criminal case was filed against him for those offences and Court convicted him and imposed fine of Rs.50/-.  The order of the Court, filed on record, shows that Indrakumar Rahi has been convicted by the Court in that case for the offences punishable under Section 146 & 147 of Railway Act and he is sentenced to pay fine of Rs.50/-.  Therefore, it cannot be said that at Tumsar Road Railway Station the authorities of the railway committed certain activities amounting to deficiency in service. Hence, we hold that the complainant failed to prove that at Tumsar Road Railway Station the O.Ps rendered deficient service to them.

12. So far as not making available a platform to the passengers of the complainant at Gondia for alighting the train, we find that the said fact is duly proved by the complainant. Complainants produced photographs of the halted train in between railway tracks without making available platform. The explanation given by the O.Ps in paragraph No.8 of their reply is that due to unauthorised detention of the train for 1.46 hours at Tumsar Road Railway Station and due to unauthorised agitation of the complainant, the other two trains bearing Nos.2843 & 376 were detained in the section and later on the special train was shunted from line No.8 to platform No.4 to detrain the passengers of the train at 2.30 p.m.

13. We find that the said explanation is not substantiated by any documents by the O.Ps.  It is not explained by the O.Ps as to how the time of 1.46 was consumed at Tumsar Road Railway Station for taking action against the illegal pulling of chain of the train.  It is also not the case of the O.Ps that the members of the complainant – association had forcefully detained the train at Tumsar Road Railway Station for 1.46 hours.  Hence, it cannot be said that the platform was not made available to the passengers of the complainant’s members at Gondia due to illegal detention of the train at Tumsar Road Railway Station for 1.46 hours and due to hampering of running of train. Therefore, it can be said from the fact of not making the platform available to the passengers of the complainant - association at Gondia for more than two & half hours, constitutes deficiency in service on the part of O.P.Nos.1 to 4.

14.    Thus, the complainant is entitled to the compensation for causing mental & physical harassment to the members of the complainant at Gondia railway station. The complainant has claimed compensation of Rs.10.00 Lacs.  However, we find that said compensation is exorbitant and it cannot be awarded for not providing platform to the passengers for two & half hours at Gondia railway station. In our view, the reasonable compensation of Rs.20,000/- to be paid to the complainant by the O.Ps. Therefore, we proceed to pass the following order.

ORDER

i.        The complaint is partly allowed.

ii.       O.P.Nos.1 to 5 are directed to pay jointly & severally to the

complainant compensation of Rs.20,000/- towards physical & mental harassment.

iii.      The O.P. Nos.1 to 5 jointly & severally shall also pay Rs.5,000/- towards cost of the complaint to the complainant.

iv.      Copies of the order be furnished to both parties free of cost.