The General Manager, South Central Railway, Station Manager,
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
JUDGEMENT This is a complaint filed U/s. 12 of Consumer Protection Act by the complainant [practicing Advocate at Raichur] against Opposite Parties-General Manager, South Central Railway, Rail Nilayam, Secunderabad and Station Manager, Raichur Railway Station Raichur. The brief facts of the complaint are as under:- On 01-03-05 the complainant boarded the F1-A Cabin of Nanded-Bangalore Link Express Train No. 6593 at Raichur to go to Bangalore on purchase of first class Ticket bearing No. CNR 132-7202500 in Coach No. 90906. One Co-passengers by name Sri. ShivaMurthy, Assistant Accounts Officer, GESCOM, Raichur and also boarded the same Cabin under his Ticket No. CNR 112-76794 from Raichur to Bangalore. Another Co-Passenger by name B.B.Rampure, Chief Engineer of Krishna Jala Bhagya Nigam Ltd., Bheemarayanagudi had boarded the same Cabin at Yadgir under his Ticket No.CNR 132-7221616 to go to Bangalore. On Seeing the Upper berth allotted to the complainant he was shocked to notice that the same was formed with thick dust. The other berths in the said Cabin also bare the same. The complainant was informed by co-passengers-B.B.Rampure that the condition of the said bearth was in same condition even from Yadgir also. The complainant and two passengers were not having suitable clothing to clean the dust as it was formed in much thickness. Though the Opposite Parties allotted the said Cabin, it was not up to the mark of First Class. The complainant and Co-passengers tried to clean with the news paper available with them but it went in vain as the dust thickly formed on the berths and seats could not be cleaned with the newspaper. After reaching Kosigi Station, one Srinivasulu.B. said to be Coach Attender came to the Cabin. On expressing displeasure over the condition of the berths, he tried to clean the berths with small blue but it was of no use. The complainant and the other Co-passengers had therefore no other go except to under take journey without proper slip in the night and on their reach to Bangalore, their wearing apparel became so much dirt because of the dust. In addition to the said problem, the Upper bearth of the complainant in F-1A Cabin became much loose because of the damage of its supporting handle situated on the door side of the said Cabin. This resulted the said Upper bearth bending towards door side much down. This led to severe dis-comfort to the complainant to sleep. Therefore, the complainant and other Co-passengers in the said Cabin could not sleep whole night because of the lingering sound emanating from working of supporting handle of the said Upper bearth allotted to him Further the only toilet provided behind the F-1A Cabin was seen with soil and it became virtually non usable. The Coach Attender expressed his helplessness over the dirtyness of the toilet. The Opposite Parties collected huge amount of fare of Rs. 640/- on the projection of First Class Journey. But the condition of berths non-cleanliness, etc., was prevalent in the said Cabin even worse than the general compartment. The negligence on the part of Opposite Parties in not taking an average care to ensure that the journey in First Class should at least be commensurate with the exorbitant fare paid by the complainant and others appears to be severe. Hence there is total deficiency of service on the part of the Opposite Parties. In view of the sleepness night of travel in such pathetic condition and under un-hygienic environment, the complainant experienced much hardship in attending the case in MFA No. 3602/99 before the Court Hall No.5 of Honble High Court of Karnataka on 02-03-05 and he was therefore put to severe dis-comfort and mental agony. For such gross negligence of Opposite Parties in providing such poor service, the complainant is entitled to the compensation of Rs. 10,000/- and also a direction to take urgent measures to avoid such hardship to the passengers. Hence for all these reasons he has prayed for direction to the Opposite Parties to pay Rs. 10,000/- compensation along with costs of Rs. 2,000/-. 2. In response to service of notice, the Opposite Party No-1 remained absent when called out so he was placed exparte. The Opposite Party No-2 appeared through counsel and has filed counter/written version contending that the Train No. 6593 Nanded-Bangalore Express Train is being maintained primarily at Bangalore South Western Railway and Secondary maintenance is under taken at Nanded Division Nanded. Therefore, the maintenance of coach and berths are neat and good condition. Neither the complainant nor co-passengers have complained the allegation either at Raichur or at Guntkal. At no point of time, the complainant has made any complaint at Kosigi Station and the berths which have been allotted to the complainant and Co-passengers were all in good condition and they are perfectly well. The allegation that Upper berth of the complainant in F-1A Cabin became much loose because of the damage of its supporting handle situated by the door side of the Cabin and this lead to dis-comfort to the complainant to sleep and the Co-passengers also could not sleep whole night because of the Ringling sound coming from owning of supporting handle etc., are all false. The Coach Attender has joined the duty at Raichur and immediately he arranged Safaiwala to clean the toilets and coach immediately and he has discharged his duty from Raichur to Dharmavaram and he has taken all necessary steps to clean the berth. Under these circumstances the allegations of the complainant regarding un-cleanliness of toilet and other allegations are all false. The Coach Attender has never expressed his helplessness over the dirtyness of the toilet. The complainant has traveled in the First Class from Raichur to Bangalore without any inconvenience and difficulties. The Attender has taken proper care and caution to maintain the cleanliness of the berth in the Train hence the question of negligence or deficiency of service does not arise. Hence the complainant is not entitled compensation of Rs. 10,000/- cost of Rs. 2,000/-has sought for and he has prayed for dismissal of the complainant with cost. 3. During the course of enquiry the complainant has filed sworn affidavit of hearing and witness-co-passenger Shivamurthy, Senior Assistant GESCOM Raichur as evidence and has got marked one document at Ex.P-1. The contesting Opposite Party No-2 has filed his sworn affidavit as his evidence and closed his side. 4. Heard the arguments of both sides and perused the records. The following points arise for our consideration and determination:- 1. Whether the complainant proves that gross negligence and deficiency in service in not taking average care to insure comfortable journey of the complainant in First Class in the Link Express from Raichur to Bangalore, as alleged? 2. Whether the complainant is entitled for the reliefs sought for? 5. Our finding on the above points are as under:- 1. In the negative. 2. As per final order for the following. REASONS POINT NO.1:- 6. Now let us turn to Point No-1. It is the case of the complainant that when he boarded F-1A Cabin of Nanded-Bangalore Link Express Train on 01-03-05 under First Class Ticket, he noticed that the Upper Berth allotted to him was formed with thick dust even could not be cleaned with the news paper and the Co-passenger B.B.Ramapure Chief Engineer Krishna Jala Bhagya Ltd., Bheemarayana Gudi who had boarded the Train from Yadgir told that the condition of the berth was in same condition even from Yadgir station. The another Co-passenger Shivamurthy Assistant Accounts Officer GESCOM Raichur who had boarded along with him also noticed the dust thickly formed on the berth/seats. The complainant and Co-passenger when tried to clean with the news paper with them went in vain as the dust was thickly formed and could not be cleaned. After reaching Kosigi Station one Srinivasalu.B. said to be Coach Attender came to their Cabin. On expressing displeasure over the condition he tried to clean the bearth with small blue cloth but it was of no use. So the complainant and Co-passenger were compelled to under take the journey without proper sleeping in the night. It is also his case that the upper berth became much loose because of the damage of its supporting handle by the side of the door of the Cabin, resulting bending towards door side much down which led severe dis-comfort the complainant to sleep and thereby the complainant and Co-passenger in the said Cabin could not sleep whole night due to lingering sound emanating from supporting handle of upper berth. Further the toilet provided behind F-1A Cabin was seen with soil and became virtually non-usable. The Coach Attender expressed his helplessness over the dirtyness of the toilet. Hence the negligence on the part of the Opposite Parties in not taking average care to ensure that the journey in First Class should at least be commensurate with the exorbitant fare paid by the complainant and others appears to be severe and so there is total deficiency of service on the part of the Opposite Parties. The complainant in addition to his sworn affidavit/evidence has also produced affidavit/evidence of Co-passsenger Shivamurthy who has stated that he has traveled from Raichur to Bangalore on 01-03-05 in the First Class Coach in Nanded Bangalore Express Train the complainant and one B.B.Rampure were Co-passenger. The berth in the Cabin allotted to them was formed with full of dust. The only toilet provided behind F-1A Cabin was seen with soil and it was untidy. Even the upper bearth was also giving loud vibrating noise as the dust was thickly formed they could not clean the dust. They experienced much dis-comfort for poor maintenance and the quality of Cabin were not commensurate with exorbitant fare being collected from them. The complainant has produced Railway First Class Train Ticket No. 28198216 PNR 132/7202500 dt. 01-03-05 scheduled from Raichur to Bangalore at Ex.P-1. The complainant in his complaint has also mentioned the Ticket No. of Co-passenger Shivamurthy as PNR 112-76794 and B.B.Rampure and another Co-passenger Ticket No. as PNR 132-7221616 dt. 01-03-05. The contesting Respondent No-2 in his evidence/affidavit has denied the allegation/averments made in the complaint and in the affidavit/evidence by stating that the Railway Authorities had kept the compartment in good and clean condition and the complainant had a comfortable journey to his destination because the complainant did not make any complaint even before the T.T. Attender of the compartment or before any body. 7. The learned counsel for the Opponent No-2 vehemently argued that if the complainant had dis-comfort journey due to bad condition of bearth/seat and toilet etc., then there was no hurdle for him to complaint to the T.T.I. or to the next immediate Station Master either at Mantralayam Road or Adoni or at Guntakal Junction or even on reaching Bangalore. We find considerable force in this arguments. There is no dispute after departure of the Train from Raichur, say at about 7-45 PM it will stop at Mantralayam Road, then at Adoni and there after at Guntakal Junction near about 10-45 PM. If they had sleepless night, then in the natural course of event they could not have missed the opportunity of complaining the worst condition of the seats/berth and toilet in the Cabin, for making alternative arrangements for their comfortable journey, especially when the complainant and his Co-passenger educated and Officers rank traveling in First Class compartment. No explanation is coming forth for not complaining either to the T.T.I. who will be deputed to the First Class Bogie if not to their compartment or to the next Station Master either at Mantralayam Road, Adoni or at Guntakal or even after reaching destination at Bangalore. Further they have not adduced the evidence of Coach Attender B.Srinivasalu who according to them in-vain in cleaning the dust on the berth and has expressed his helplessness over the dirtyness of the toilet. Even they could have complaint against this Coach Attender for not attending their complaints either to above said Station Masters or to the T.T.I. Added to this, as rightly pointed out by the learned counsel for the Opponents, the complainant even has not issued legal notice even after returning from journey. So to say the complainant has not availed legal opportunity of complaining either at Bangalore on reaching the destination which could have been given weight so as to see the actual condition of their berth, toilet in the Cabin by the Railway Authorities. Further the complainant has not even issued legal notice to the Railway Authorities. So if these lacunas are taken in to account it shows that there was no such severe or graveness in the allegation of the complaints so as to take to task the Railway Authorities. Merely because they experienced the alleged dis-comfort due to the alleged condition of the Cabin without complaining either to the T.T.I. or to next Station Master or even at Bangalore Railway Station and even not issuing legal notice before filing this complaint, then how can there be deficiency in service by the Railway Authorities. Of course the Railway Authorities are bound to provide for comfortable journey of the passengers especially to the holders First Class Train Tickets. But in the absence of complaining the alleged of dis-comfortable journey immediately to the T.T.I. or to the next Station Master or at Bangalore how can there be deficiency of service by the Railway Authorities to show/prove the alleged condition of berth/seats and toilet. So we hold that the complainant has failed to prove deficiency in service. Hence Point No-1 is answered in the negative. POINT NO.2:- 8. In view of our discussion and finding on Point No-1 the complainant is not entitled for the reliefs sought for. Hence we pass the following order:- ORDER The complaint of the complainant being devoid of merits is hereby dismissed. No order as to cost. (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum On 30-12-05.) Sd/- Sri. N.H. Savalagi, President, District Forum-Raichur. Sd/- Sri. Pampannagouda, Member District Forum-Raichur. Sd/- Smt.Kavita Patil, Member. District Forum-Raichur
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