West Bengal

Howrah

CC/161/2023

AYAZ AHMED - Complainant(s)

Versus

The General Manager, East Central Railway - Opp.Party(s)

Raman Singh

03 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, P.O. and P.S. Howrah, Dist. Howrah-711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Complaint Case No. CC/161/2023
( Date of Filing : 14 Jul 2023 )
 
1. AYAZ AHMED
Son of Md. Sahabuddin residing at Village & P.O.- Banipur, near Gulzar Hotel, P.S.- Sankrail, District- Howrah- 711304
...........Complainant(s)
Versus
1. The General Manager, East Central Railway
Hajipur, Vaishali, Bihar- 844101
2. The General Manager, North Central Railway
Subedarganj, Allahabad-211015
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Smt. Babita Chaudhuri MEMBER
 
PRESENT:
 
Dated : 03 Aug 2023
Final Order / Judgement

ORDER No.        03                                            Date:       03/08/2023

            Today is fixed for admission hearing.

            Complainant side is present and found ready.

            Heard Ld. Advocate for the complainant side.

             Considered submission.

            Perused the petition of complaint and its connected documents.

On close examination of the petition of complaint it is found that the complainant has claimed compensation of Rs.1,50,000/- for deficiency of service on the part of the OP, Railway for causing humiliation, harassment and mental agony to the complainant and also prayed for litigation cost of Rs.40,000/-.

On close scrutiny of the petition of complaint it appears that the complainant has claimed the above noted claim on the ground that at the time of using bathroom of the railway on the date of journey on 02/09/2021 the complainant’s body and his dresses became dirty due to dirty water of the bathroom and it caused humiliation to the complainant.

It is revealed that the complainant has lodged complaint before the Railway Authority but the said complaint was dropped by the Railway Authority as no fruitful material was found.

For the purpose of proving the case the complainant side is laying emphasis on the photographs (black & white) but fact remains that photographs are not the conclusive proof of any allegation. Moreover, it is also revealed that the petition of complaint filed by the complainant is bereft of cogent evidence which indicates that there is no prima facie case in the matter of filing this complaint petition in favour of the complainant.

Considering all the above noted factors this District Commission is of the view that this complaint petition cannot be admitted and so it is dismissed.

          No order is passed as to cost.

Dictated & corrected by me.

 

        President

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Dhiraj Kumar Dey]
MEMBER
 
 
[HON'BLE MRS. Smt. Babita Chaudhuri]
MEMBER
 

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