Sri Shyamal Gupta, Member
Aggrieved over dismissal of his complaint case by the Ld. District Forum, this Appeal is filed by the Complainant of CC No. 595/2015, Sri Motilal Jhalani.
The case of the Complainant, in short, is that while travelling in Train No. 12307 on 08-08-2014, owing to improper maintenance of the metal window, rain water destroyed his luggage. So, he lodged complaint through SMS, but did not get any positive feedback. During his return journey also, he was subjected to great humiliation at the hands of some passengers of the coach. The matter was brought to the notice of the concerned TTE, but he took no positive step. Against such backdrop, the complaint case was filed.
The OPs stated in their WV that the complaint regarding malfunctioning of window was duly resolved and the Complainant was intimated suitably by the Eastern Railway vide letters dated 18-09-2014 and 31-10-2014. It was communicated to the Complainant that the concerned window was duly repaired, besides placing window glass. After maintenance, it was found that the same was working smoothly. No other passenger of the said compartment, except the Complainant lodged complaint regarding non-functioning of window. Regarding the alleged misbehavior of co-passengers towards the Complainant, it was communicated to him that since the reserved coaches of the subject train were manned by the ticket checking staff of North Western Railway and North Central Railway, the matter was referred to the concerned Chief Commercial Managers of the said Railway. It was also pointed out that the Complainant did not lodge any police complaint against the said persons.
Decision with reasons
Both sides were heard in the matter and documents on record gone through carefully.
The complaint case was filed alleging gross deficiency in service on the part of the Respondents in the matter of maintenance of the trains. No doubt, the issues raised by the Appellant were of deep concern. One buys railway tickets in anticipation of enjoying hassle free journey. There are numerous instances where Railways fail to live up to the expectations of the ordinary travelers. Therefore, there remains no good reason to disbelieve the allegations of the Appellant altogether as stated in the petition of complaint.
Having said that, it is also a fact that the Appellant has miserably failed to adduce any material proof worthy of due consideration to support his contention. Take for example the allegation of damage caused to his luggage. Although it is alleged by the Appellant that rain water destroyed his luggage, he made no endeavour whatsoever to establish such fact by placing the damaged belongings before the Ld. District Forum. Even the specification of damaged material had not been spelt out in the petition of complaint. Thus, on what basis he figured out the compensation amount remains doubtful.
On the other hand, although the Respondents, by filing WV, pointed out the fact that since the alleged harassment of the Appellant took place within the administrative jurisdiction of North Western Railway and North Central Railway, they were necessary parties to the case; the Appellant did not amend his plaint to array those Railways to the case. As a result, the enquiry report in respect of the Appellant’s allegation could not be evaluated by the Ld. District Forum. Incidentally, it transpires that on receipt of Appellant’s allegation, the Respondents forwarded his complaint to the concerned Railway authorities for causing due enquiry into the matter.
The Appellant must appreciate that the veracity of an allegation cannot be decided based on the mere allegations. It is incumbent to adduce cogent documentary proof to establish such allegation beyond all reasonable doubt.
The allegations of the Appellant being not proven, we find no infirmity with the decision of the Ld. District Forum.
The Appeal, accordingly, fails.
Hence,
O R D E R E D
The Appeal stands dismissed against the Respondents. The impugned order is hereby affirmed. No order as to costs.
