Kerala

Kasaragod

CC/12/340

Mr.Suresh.P.K - Complainant(s)

Versus

The General Manager - Opp.Party(s)

Sajid Kammadam

07 Aug 2013

ORDER

 
Complaint Case No. CC/12/340
 
1. Mr.Suresh.P.K
S/o.Late Damodharan.K,R/at Sukh Nivas,P.O.Kottali,Puzhathi,Kannur Taluk
Kannur
Kerala
...........Complainant(s)
Versus
1. The General Manager
Southern Railways
chennai
Tamil Nadu
2. The Divisional Manager
Sounthern Railways,Palakkad Division,Olavvankkode
Kerala
Kerala
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. JUSTICE P.RAMADEVI PRESIDENT
 HONABLE MRS. Beena.K.G. MEMBER
 
PRESENT:
 
ORDER

    

SMT.P.RAMADEVI, PRESIDENT

 

            The  facts of the complaint in brief that the complainant is a Senior Citizen and a bonafide season ticket holder of Indian Railway of Kannur-Kasaragod sector for the last 25 years.  On 18-12-2012 the complainant approached the commercial clerk of Kasaragod railway station inorder to upgrade his season ticket to 1st class season ticket and the railway commercial clerk arbitrarily demanded signing of a printed declaration form as pre-requisite for 1st class season ticket.  According to the complainant it is arbitrary and illegal.  The complainant is aware of the fact that this Forum annulled the practice of insisting declaration form for want of legal competence and prescribed notification as enumerated under Section 60 of Railway Act, 1989 as per CC.121/2012 and the same is uphold by the Hon’ble State Consumer Disputes Redressal Commission.  Thereafter also the opposite parties continued the illegal acts.  Hence this complaint is filed for necessary relief.

2.    The opposite party appeared through counsel and  filed their version.  According to opposite parties the railway administration had introduced submission of a declaration form by the passenger who intends to purchase a first class season ticket for rail travel and the cause for obtaining of such declaration was necessitated due to indiscriminate misuse of the facilities by first class season ticket holders by travelling in reserved first class coaches in which the first class season ticket journey is not permitted.  The opposite parties further submitted  that in view of the order of this Forum in CC.121/2012 they are bound to withdraw the insistence of the declaration by the first class season ticket holder.

3.     Heard both sides.  It appears that the opposite party so far not withdrawn the insistence of declaration form by the first class season ticket holder.  An order of this Forum is necessary to issue the first class season ticket to the complainant.

            Hence the complaint is allowed and direct the opposite parties to issue 1st class season ticket  to the complainant without asking any declaration form. No order as to costs.

  Sd/-                                                                                                  Sd/-

MEMBER                                                                                    PRESIDENT

PJ/                                                                  Forwarded by Order

 

                                                               SENIOR SUPERINTENDENT

 

 
 
[HON'BLE MRS. JUSTICE P.RAMADEVI]
PRESIDENT
 
[HONABLE MRS. Beena.K.G.]
MEMBER

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