Mr. Nityasundar Trivedi, Member

      The Appellant of this case Mr. Pradip Kumar Chattopadhyay was the Complainant of complaint case No.CC/91/2021 of DCDRF, Kolkata, Unit-I (North) filed on 03.03.2021.   This case was dismissed within 16 days, on 19.03.2021, on the very second date of hearing, with the following final order:

“Complainant files this complaint case against O.P. with a prayer as mentioned in the prayer portion

It is the case of the complainant that he booked a ticket from Mysore to Howrah but when he reached station and after availing train from Mysore station some person claimed that this seat booked in their favour accordingly.  Complainant informed the matter to the TTI who was in duty and TTI informed the complainant that his ticket was cancelled. The grievance of the complainant is that the railway authority did not inform this information till 10.00 p.m.so complainant has suffered much and prays for relief accordingly.

Ld. Advocate further submits that till date railway authority did not return the money for purchasing the railway ticket.

Therefore, in my view I do not find any deficiency in service, moreover, there is an alternative relief i.e. before Railway Claim Tribunal who perhaps proper jurisdiction to deal this matter.

Hence, this case is not able to admit as complaint case of this Commission.

Hence, this complaint case is dismissed accordingly.”

      Being aggrieved with this Judgment Mr. Chattopadhyay preferred this Appeal at this Hon’ble State Commission which was numbered A/128/2021.  Both the parties to this case contested this case at this State Level.

       The background of this case is:

      Mr. Chattopadhyay purchased a Railway Reservation Ticket for the journey from Mysore Junction to Howrah Junction on three tier AC Coach, for 5 persons, in train number 22818 Mysore-Howrah Super-fast Express and got his booking confirmed as Berth No.1, 2, 3, 4 & 5 in coach number B1, against PNR No.4231495935, 03-01-2017 being date of journey on payment of Rs.10,025/- (Rupees Ten thousand and twenty five only) from Sheoraphully Station’s Reservation Counter on 04-05-2017 at 8.50 a.m.

      On the date of journey when the Appellant boarded the train, to his utter dismay, he saw four persons were already occupying the seats B2, B3, B4 & B5 which were the allotted seats of the Appellant as recorded on the body of the reservation ticket.  Contacting the on duty TTE over this issue was of no avail.  The TTE confirmed the 4 berths (B2, B3, B4 & B5) really belonged to those who were already occupying the seats.  Only B1 berth could be availed by the Appellant.  The TTE’s version that the 4 berths out of five had already been cancelled, was all the more shocking and surprising to the Appellant since, the originally purchased ticket was with the purchaser (Appellant) and without original ticket cancellation cannot be done as per Railways’ Rules.  The Appellant lodged formal complaint on 03.07.2017 midnight with no immediate redressal.  He had to quit the train, other 4 members of his family being berth-less and being branded ticket-less by the on duty TTE with threat of being arrested, if they avail the train.  The formidable plight of the Appellant after getting down the train and to arrange accommodation at that juncture of time in hotel of Bangalore and the accompanying harassment was beyond comprehension, more so as the return journey was a post medical treatment of one of the accompanying members.

      After returning destination availing separate train, making night halt at Bangalore, the Appellant had to run pillars from posts to get redressal.  On 07.07.2017 second complaint in this regard was lodged by the Appellant.

      On 04.08.2017, the Railway Authority replied in writing the following:

      “It is informed that the matter has been thoroughly inquired into.  Reservation staff of Sheoraphully Station was found responsible for the irregular cancellation and departmental proceedings have been initiated against him”.

     This very communication of the Railway Authority clearly and unequivocally shows there was deficiency in service out of unthinkable irregularity in their activities for which the Appellant of this case had to face huge sufferings.  It matters little to the Appellant if the concerned corrupt official is sacked, imprisoned or hanged because that will not heal the wound caused to the body and mind of the Appellant and his four other family members (out of which one was a patient) for the plight and the harassment mentioned hereinbefore.

      We also do not subscribe to the opinion of the Ld. District Forum, Kolkata, Unit-I that the Complainant victim was not entitled to any relief from the Railway Authority for such deficiency of service under the C. P. Act, 2019.

      In conclusion we hold and firmly hold that the Appellant was very much entitled to get relief under C.P. Act, 2019.  Rejection of the relief was a mistake on the part of the Ld. Forum below.

      Accordingly that Order is liable to be set aside and this Appeal succeeds in part.

      Resultantly, it is

O R D E R E D

      The Appellant will be entitled for Rs.1,00,000/-(Rupees One Lac only) as compensation, Rs.10,000/- (Rupees Ten thousand only) as cost of mental pain and agony and Rs.10,000/- (Rupees Ten thousand only) as litigation cost respectively within 30 days of this Order. 

      The Respondents are directed to pay the decreetal amount of Rs.1,00,000/- (Rupees One lac only) as compensation cost, Rs.10,000/- (Rupees Ten thousand only) as cost of mental pain and agony and Rs.10,000/- (Rupees Ten thousand only) as litigation cost to the Appellant within 30 days failing which the Appellant is at liberty to put this order into execution. 

      Let a copy of this order be sent to the Ld. DCDRF, Kolkata, Unit-I for information and taking necessary action.

      Let free copy of this Order to serve to all concerned.

      Note accordingly.