BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the day of 30th day of April 2012
Filed on : 26/10/2010
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 569/2010
Between
K. Prabhakaran, : Complainant
S/o. Krishnan, (By Adv. R. Padmaraj
Mullssery house, M/s. KNB Nair
KSRA 74, Kairali street, Associates, 2nd floor,
Kaloor, Kochi-17. Morning Star buildings,
Kacheripady, Ernakulam
Cochin-682 018)
And
1. The General Manager, : Opposite parties 1 to 3
Head Quarters Office, (Parties-in-person)
Southern Railway,
Parktown Chennai,
Tamilnadu, India, Pin-600 003.
2. The Area Manager,
Southern Railway,
Ernakulam.
3. The Managing Director, O.P.3 impleaded as per I.A,.
Konkan Railway Corporation Ltd., No. 170/11 dt. 26/03/2011
P.B. No. 9,
Belappur Bhavan Sector II,
CBB Belappur,
Navi Mumbai-400 614.
4. The Chief Commercial Manager, O.P. 4 impleaded as per
Passenger Marketing, order in I.A. 170/11dt.26/3/11
Norther Railway, Delhi. (4th O.P. absent)
O R D E R
A Rajesh, President.
The case of the complainant is as follows:
The complainant is a senior citizen . The complainant booked 16 tickets for the journey of his family along with his relatives for their travel from Ernakulam Junction to Kundapura by Nethravathy Express for their travel on 06-11-2009 to Kolloor Mukambika temple. The complainant also booked sleeper class tickets from Uduppi to Ernakulam junction for their return journey on 09-11-2009 by Mangala Lekshadweep train. Accordingly, the complainant and the team performed their darsan at the temple and reached at Uduppi Railway Station for their return journey in time. On verification their names were not there in the reservation chart. Immediately the complainant contacted the station master and showed the original tickets. He did not take any action. Since there was no help from the railway authorities they were forced to travel in the general compartment. The complainant and his group suffered a lot due to the lack of responsibility on the part of the opposite parties. They had to suffer mental agony and inconveniences due to the above conduct of the opposite party. The complainant caused to issue a lawyer notice on 29-05-2010 seeking damages. But there was no proper reply. Thus the complainant is before us seeking direction against the opposite parties to pay a compensation of Rs. 2,00,000/- together with Rs. 5,000/- towards costs of the proceedings.
2. The version of the opposite parties 1 and 2.
There was no deficiency in service on the part of the opposite parties. Births as shown on the tickets had been kept reserved for the complainant and the party. The station master at Uduppi does not work under the jurisdiction of the 1st and 2nd opposite parties. He is working under the jurisdiction of the Konkan Railway Corporation Ltd. It is not known why the complainant and the party failed to occupy the births kept reserved for them. The charts of train are preserved only for 6 months and hence the charts of this train are not available with the opposite party at this point of time. The complainant and his entourage had travelled in general coach without taking any extra ticket. The 1st and 2nd opposite parties are not liable to pay any compensation to the complainant.
3. The defense of the 3rd opposite party.
The reservation chart for the train was prepared from Delhi PRS only. The 3rd opposite party has practically no role with respect to the reservation of the complainant. At Uduppi alone can the booking charts be printed that is the list of passengers boarding at Uduppi by the said train. The said list of November 2009 is not preserved for more than 6 months. Since the names were not therein the chart the passengers choose to board the train in unreserved compartment. This opposite party is not a necessary party to the complaint.
4. In spite of service of notice from this Forum the 4th opposite party has not responded to the same which amounts to acceptance. The complainant was examined as PW1 and Exts. A1 to A4 were marked on his side. Neither oral nor documentary evidence was adduced by the opposite parties. Heard the counsel for the parties.
5. The points that came up for consideration are
Whether the complainant is entitled to get a compensation of
Rs. 2 lakhs and costs of the proceeds from the opposite parties.
6. Ext. A1 receipt go to show that the complainant and the team reserved their return journey from Udupi to Ernakulam on 09-11-2011 by train No. 2618. According to the complainant the opposite parties denied boarding to the team on the date of journey since their name was not incorporated in the charts of the passengers for no reasons explained. The opposite parties maintain that they were not in a position to obtain the chart since they had to keep the same only for 6 months but that is not a reason to absolve them for their liability. The opposite parties stated that the complainant and his team had only to travel in the general compartment without paying any further amount. Because of the same the complainant and the team were caused unnecessary and inconcenable. difficulties It is pertinent to note that the complainant caused to issue Ext. A2 lawyer notice on 29-05-2010 highlighting his grievances to which the 1st and 2nd opposite parties sent Ext. A3 reply dated 10-06-2010 requesting the complainant to forward the details of the ticket. Again the complainant through his lawyer sent the details by Ext. A4 notice dated 22-06-2010. But the same fell in deaf ears for reason that it was not answered to which is a blatant breach of law. The 1st and 2nd opposite parties had got ample opportunity to verify the reservation chart of the concerned train as and when they received Ext. A4 lawyer notice in which they failed for no reasons explained for their own. By no stretch of imagination can it be sustained that how 16 passengers could have been put to irreparable injury when law sustains that even one shall not be put to loss due to the negligence of the Authorities.
7. Ext. A1 series ticket clearly and categorically states that the reservation of 16 passengers are confirmed on the date of journey. In short nothing is forthcoming on the part of the opposite parties as to the reason why they denied the complainant and his fellow passengers for their journey from Uduppi to Ernakulam Junction. It is to be noted that the team consisted of senior citizens and children. Their journey without reservation of seats in the general compartment would have been a nightmare for them through out the journey especially since their expectations were lied low by the Railway Authorities an action which calls for compensation squarely. However in this case out of the 16 passengers the complainant alone is before us highlighting his own grievances. Though the complainant claims that he has filed this complaint for and on behalf of the other passengers, nothing is on record to substantiate the same. But that does not mean that what agony one has had to undergo would not leave out the other 15 of the same stature. This calls for a legal stricture what allowed for one shall not be denied for the others who are aggrieved in the same nature. However since the complainant alone is before us though for a common cause legally this Forum is not to entertain the others who are not before us. It is made clear that the others are free to approach the legal forum as advised. So here we fix the compensation at Rs. 10,000/- to the complainant also which shall include the costs of the proceeding as well.
8. In the result, we partly allow the complaint and direct that the opposite parties shall jointly and severally pay Rs.10,000/- to the complainant towards compensation and costs of the proceedings.
The above said order shall be complied with within a period of one month from the date of receipt of copy of the order, failing which the above amount shall carry interest @ 12% p.a. till payment.
Pronounced in the open Forum on this the 30th day of April 2012.
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainan’s exhibits :
Ext. A1 : copies of reservation ticket
A2 : Copy of notice dt. 29-05-2010
A3 : Copy of letter dt. 10-06-2010
A4 : Copy of letter dt. 22-06-2010
Opposite party’s exhibits : Nil
Depositions
PW1 : Prabhakaran
Copy of order despatched on :
By Post : By Hand:
