ORDER K. ANIRUDHAN (MEMBER) Sri. T.A. Shahul Hameed and 9 others have filed this complaint before the Forum on 12.01.2010 alleging deficiency in service on the part of the opposite party. The brief facts of the allegations of the complainants are as follows:- He and his family members were doing journey by the Train which started from Bangalore City, Bangalore – Ernakulam Super fast (Train No. 2684) in coach number S.12 belongs to the opposite party on 14.01.2008 at 17.15 and the said journey was conducted by them after taking reserved tickets from the opposite party on payment. There were 10 passengers in their team including the petitioner and most of them were women passengers and also senior citizens. It is alleged that during the said journey, single drop of water availed from the Toilet in their coach for their primary needs, and that on enquiry it is revealed that all the coaches having the same situation. Immediately they contacted the TTR and informed the matter of non-availability of water in the Toilet. The TTR was assured them that the matter will be solved when the train is arrived at Erode. But the situation had not changed when the train reached at Erode. They could not go to the Toilet and not able to taking food due to the non-availability of water in the coach. They have sustained irresponsible injury inconvenience and hardship due to the deficiency in service of the opposite party by way of lack of water in their boggy. They have addressed to the higher authorities, including the Railway Minister, stating the whole matters. The opposite party has intimated them that they have already taken steps against the contractor who have not supplied water and punished him by imposing a sum of Rs. 10,000/-, for not filling water in the coach. By way of punishing the contractor for the latches to supply water the opposite party is enriched at the risk and cost of the passengers. Hence this complainant seeking compensation and cost for their mental agony, uneasiness, and other difficulties occurred in their journey from Bangalore to Ernakulam. 2. Notice was issued to the opposite party Even though the opposite party had accepted the notice of this Forum on 01.02.10, they have not entered appearance before this Forum. Considering the absence of the opposite party, they were set ex parte, by this Forum on 19.02.10 and posted the case for filing proof affidavit of the complainants and for producing documents in support of their case. On 30.03.2010 the complainants filed proof affidavit and produced documents. Considering the serious allegations of the complainants, this Forum has raised the following issues:- 1) Whether there is any deficiency in service on the part of the opposite party? 2) Whether the complainants are entitled to get compensation and costs from the opposite parties?. 3. Issues 1 and 2:- Complainants have filed proof affidavit and produce the documents marked Exts.A1 to A5. Ext.A1 series are the original Reserved Tickets taken by the complainants for the said journey from Bangalore City to Ernakulam on 14.01.2008 at 17.15. The total value of the said Tickets comes to Rs. 2402/- Ext. A2 is the copy of the petition of the first complainant to the Railway Minister vide dtd. 25.01.08 stating the whole matters with copies to the Director, Public Grievance Cell and the Senior Deputy General Manager of the opposite party. Ext. A3 is the copy of the letter dtd. 25.01.09 sent by the first complainant to the General Manager of the opposite party, stating the entire matter of the incident and requesting to sanction compensation and costs. Ext. A4 is the letter dtd. 05.02.08 of the Joint Director, Public Grievance of the office of the General Manager, Chennai, directing the first complainant to await for further response from Railway. Ext. A5 is the letter dtd. 07.07.08 of the Deputy General Manager of the opposite party. It shows that they have examined the matter of non-availability of water in coach no. 12 of Train No. 2684 on 14.01.08 and that the contractor of M/s Akanksha Enterprise Pvt. Ltd. has been imposed with a fine of Rs. 10,000/- for the lapse of non-filling of water in all the coaches of that train, and further intimated that the inconvenience caused to the complainants is regretted 4. On a careful readings of the entire matters involved in this case and after a perusal of the documents produced by the complainants, it can be seen that the complainants, have taken proper reserved Tickets from the opposite party for the said joinery from Bangalore City to Ernakulam on 14.01.08 (Coach no. 12, Train No. 2684). It is alleged that most of the complainants are women passengers and also senior citizens, and that during the said journey, the complainants have not obtained water from the said coach for their primary needs. They have enquired about the availability of water in other coaches and they found that all the coaches having the same situation. Due to the non-availability of the water in coaches, the complainants could not taken food and they could not go to the Toilet for their primary needs and that they have suffered a lot of inconvenience and hardship in that, journey. It is to be noticed further that the complainants have contacted the TTR and informed the non-availability of water in their coach. TTR assured them that water will be available at Erode Station. But the situation has not changed at the Erode Station and up to the Ernakulam station. The whole matter is to be treated as serious and the opposite party has to explain this, and the allegations of the complainants are to be treated as genuine. Even though the complainants have represented before the higher authorities by stating the entire events (Ext. A3), the higher authorities have not given proper response to the complainants, grievances since the complainants have taken reserve tickets after remitting huge amounts. The opposite parties are fully bound to confirm to provide sufficient facilities including availability of water in coaches before departure of Train. But in this case, there is culpable negligence, grossest deficiency in service and dereliction of duty on the part of the opposite party for not filling water in the coach. In this respect it is to be noticed that the opposite party has admitted that they have punished the contractor for not filling water in the coaches of the said Train and imposed a fine Rs. 10,000/- and that the opposite party has realised the same from the said contractor (Ext. A5). So simply by imposing penalty and enriching the Railway by realizing the amount as fine, the opposite party cannot escape from their liability to compensate the victims of the said incident, who had suffered a lot for non-availability of water during their journey. The entire action of the opposite party will amounts to dereliction of duty, and deficiency in service and for this the opposite party is answerable to the complainants. It is to be further noticed that even though the opposite party has accepted notice of this Forum, they have not cared to appear before this Forum for explaining the reasons of the said incident. This shows the irresponsible attitude of the opposite party is dealing with this serious issues relating to passengers. Considering the whole aspects of this case, we are fully convinced that there is grossest deficiency in service and culpable negligence on the part of the opposite party and the allegation raised by the complainants against the opposite party are to be treated as genuine and the complaint is to be allowed as prayed for. In this respect, we are of the view that the complainants are fully entitled to get compensation and costs from the opposite party for their sufferings, inconvenience and mental pain suffered during the said journey from Bangalore to Ernakulam for non-availability of water in their coach. Hence for the ends of justice we hereby direct the opposite party to pay a sum of Rs. 10,000/- each to the complainants for their mental pain, sufferings, physical strain inconvenience and loss due to the grossest deficiency in service and culpable negligence for not providing water to the coaches while in their journey from Bangalore to Ernakulam in the said train, together with a sum of Rs. 2,000/- each for this proceedings. We further direct the opposite party to pay the said amounts to the complainants each, within 30 days from the date of receipt of this order. Pronounced in open Forum on this the 31st day of March 2010. Sd/- Sri. K. Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N. Shajitha Beevi Appendix:- Evidence of the complainant:- Ext.A1 - Train Ticket Ext. A2 - Complaint letter Ext. A3 - Lr. dtd. 25.01.09 Ext. A4 - Lr. dtd. 05.02.08 Ext. A5 - Lr. dtd. 07.07.08 Evidence of the opposite parties:- Nil // True Copy // By Order Senior Superintendent To Complainant/Opposite party/S.F. Typed by:- vo/- Compared by:-
| | [HONORABLE K.Anirudhan] Member[HONORABLE JIMMY KORAH] PRESIDENT[HONORABLE Smt;Shajitha Beevi] Member | |
