Tamil Nadu

North Chennai

170/2013

A.Venkataraman, - Complainant(s)

Versus

The Joint Director, Public Grievance - Opp.Party(s)

B.Sundar

23 Aug 2016

ORDER

                                                                          Complaint presented on:  06.09.2013

                                                                             Order pronounced on:  29.08.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 29^th DAY OF AUGUST 2016

 

C.C.NO.170/2013

 

A.Venkatraman,

15/5, F2 Srivari Sainivas,

20^th Street,

Thillaiganga Nagar,

Nanganallur,

Chennai – 600 061.

 

                                                                                    ..... Complainant

 

..Vs..

1. The Joint Director,

Public Grievance,

Southern Railway Hq.Office,

Chennai – 600 003.

 

2. The Sr. Divisional Commercial Manager,

Divisional Railway Manager’s Office,

Chennai Division,

Chennai – 600 003.

	......Opposite Parties

Date of complaint                                 : 11.09.2013

Counsel for Complainant                      : M/s.B.Sundar, G.List

Counsel for 1st opposite party                : M/s.K.Kumaran

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant submitted requisition form at St.Thomas Mount reservation office for booking 6 tickets for travelling from Chennai Central to Bangalore City in AC Chair Car  in train No.12007 Sadapthi Express on 15.07.2012 at 6.00. a.m. The Complainant requested the counter staff to write the train number. The Complainant obtained tickets for 6 persons. On 15.07.2012 morning at 5.30 a.m, the Complainant and his family members reached the central station for travel, they found that they could not secure accommodation in train no.12007 as the seats allotted for him were occupied by some other persons. Further the tickets wrongly issued for the Sadapthi Express which leaves at 5.30.p.m instead of 6.00 a.m. They have cancelled the ticket and hired the taxi and travelled to Bangalore to attend a function at 4.00 p.m on that day. After return from Bangalore the Complainant lodged a Complaint to the Join Director/Public grievance cell on 17.07.2012 requesting to refund cancellation charges and taxi fare of Rs.10,000/-. The Complainant and the counter staff did not agree each other and hence hand writing samples of both of them was obtained and sent to GEQD/Secure for comparison with the disputed writing. Again the Complainant was asked to come to the railway commercial office in May 2013 and obtained his writings in another form. The Complainant wrote a mail in March 2013 to the public grievance cell that he would be taking up the matter to the appropriate Forum. Thereafter the Complainant issued legal notice to the Opposite Parties and filed this Complaint for compensation, taxi fare with cost of the Complaint.

2. WRITTEN VERSION OF THE  OPPOSITE PARTIES IN BRIEF:

          The claim of the Complainant falls within the provisions of sec.13 of the Railway Claims Tribunal Act, no other court or tribunal has jurisdiction to entertain the claim in that regard as envisaged in Sec.15 of the Railway Claims  Tribunal Act. The Complainant had written “12027 Sadapthi Exp” on the dotted lines against “Train No. and Name” in the requisition form and on this basis, the reservation clerk also issued tickets for Train No.12027, Bangalore Sadapthi Express which leaves Chennai Central Railway Station at 5.30 in the evening. The Complainant has however alleged in this Complaint before this Hon’ble Forum, that he informed the reservation clerk that he wanted to travel in the Sadapthi Express which leaves at 6 am only and he further requested the reservation clerk to write the Train No. of the same in instead of 12007. It is stated that the said allegations of the Complainant are sent an e-mail to the first Opposite Party and the Railway  also invited to attend the enquiry proceedings held in the office of the 2^nd Opposite Party on 17.10.2012, during which the reservation clerk categorically denied having written the Train No. in the reservation form. In order to satisfy the Complainant and also to arrive at the truth, the original requisition form and sent to Central Forensic Science Laboratory, Hyderabad for ascertaining authorship of the writing. The Complainant also agreed and as per the instructions of the Laboratory, the specimen writings of the clerk as well as the Complainant were taken and sent on 29.05-133. Vide letter dated 28.06.13, CFSL have issued examination report of the scientists. It is clearly proved on the basis of the examination report of the forensic authorities who are experts in that field that  the Complainant only had written down the train no. in the requisition form but shifted the blame to the railway employee to hide his mistake from his family members. The reservation clerk is absolved of all the charges made by the Complainant. The Opposite Party also states that since New Time Table was to come into effect on 01.07.2012 onwards. The information line “New Time Table w.e.f 01.07.2012’ was however printed conspicuously on such tickets and as an additional measure, before leaving the counter, passengers were requested by counter clerks to make use of the telephone enquiry facility 139 for knowing the correct departure time. The Complainant is well aware that the handwriting in the requisition form has been sent to the competent body for opinion. The Administration in reply to the Complainant’s RTI application had also vide letter dated 04.04.13 given information about the non receipt as on date of the examination report of CFSL. CFSL is a separate body and the Railway Administration does not have any connection with the disposal time of its verification work. The journey ticket was issued to the Complainant as per his requisition. With regard to his contention that he did not write the Train No. and Name in the requisition form, it has been clearly proved on the basis of the examination report issued by Central Forensic Science Laboratory; Hyderabad on 28.06.2013 that the Complainant only had written the details and the reservation clerk had issued ticket in accordance with the same. The Complainant has wasted the valuable time and resources of this Hon’ble Forum by filing a false Consumer Complaint for making unlawful gains.      

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief, if so to what extent?

 

 

 

4. POINT NO :1

          It is an admitted fact that the Complainant booked 6 tickets for himself and his family members for travelling on 15.07.2012 in Sadapthi Express from Chennai Central to Bangalore and the reservation form given for said purpose in marked as Ex.B1 and Ex.B2 and tickets also issued to the Complainant and on 15.07.2013 at about 5.45 a.m the Complainant and his family members reached the Chennai Central Station and boarded the coach C7 they found that their  seats have already been occupied by others and on verification of tickets, they  were shocked and  found that the ticket booked in Sadapthi Express which leaves at 5.30 p.m instead of 6.00 a.m on that day and they have cancelled the said tickets under Ex.A2 ticket and hired a call taxi went to Bangalore and attended the function.

          5. The Complainant alleged deficiencies against the Opposite Parties are that the Complainant is not aware  of the train no and therefore he asked the booking counter clerk to fill up the number and the said clerk wrongly filled the train number  which leaves on the evening,  even though the Complainant specifically told the counter clerk that he want to book the tickets in Shabapathi Express which leaves in morning at 6.00 a.m and further new train time table come into effect on 01.07.2012, the departure time was not printed on tickets issued to him and therefore the counter clerk has wrongly filled the train number in the reservation and train time table not printed in the ticket proves that the Opposite Parties have committed Deficiency in Service.

          6. The Opposite Parties replied that the specimen writings of the Complainant and the counter clerk were obtained by the Opposite Parties official and sent to comparison to find out who has filled the train number in the form and the hand writing expert furnished Ex.B15 opinion and the said opinion clearly established that the counter clerk had not written the train number in Ex.B1 and Ex.B2 and therefore the Opposite Parties have not committed any Deficiency in Service.

          7. Ex.B1 and Ex.B2 is the reservation form given by the Complainant to reserve 6 tickets in Sadapthi Express for travelling on 15.07.2012. In both the forms the train number written as 12027. The said train Sadapthi Express leaves Chennai on the evening at 5.30 p.m and the train no.12007 Sadapthi Express leaves Chennai in the morning at 6.00 a.m.  In Ex.B1 & Ex.B2 instead of writing 12007 the train number written as train no.12027. According to the Complainant the said train numbers written by the counter clerk who had booked the ticket. The Complainant himself admits that the Opposite Parties office obtained writings of the Complainant Ex.B5 to Ex.B14 and the counter clerk writings obtained as Ex.B3 and Ex.B4  marked for comparison purpose S1 and S2 and both of their hand writing sent to the handwriting expert, Hyderabad with the disputed writing found in the reservation form marked as Ex.B1 and Ex.B2 and the same are marked by the expert Q1 and Q2 respectively. In Ex.B15 opinion, the Q1 writing written by the person who wrote the writings S3 and S4 and as well as S5 to S8. The S3 to S8 writings admittedly written by the Complainant which is marked as Ex.B5 to Ex.B10 in this case. Therefore as per the opinion the Complainant only filled the train number as 12027 in Ex.B1 form to book tickets for 4 members form Chennai to Bangalore in the evening Sadhapthi Express.

          8. The opinion in respect of Q2 disputed writing in Ex.B2 form, it has been clearly stated the writings marked S3 to S8 person did not write the Q2.  Again in the very same opinion it is not possible to fix who wrote the Q2 writing when compared with the person who wrote S1 and S2 and the person who wrote S9 to S12 writings. The S1 and S2 specimen writing given by the counter clerk of the Opposite Parties and S9 to S12 writings are given by the Complainant. Therefore the expert clearly stated that he is unable to fix the Q2 writings either written by the Complainant or by the counter clerk. In the circumstances the Opposite Parties counsel specifically argued that the Complainant would have asked some other person to fill the train number12027 as Q2 and that is why the expert could not fix that it was whose handwriting it was written. Therefore we hold that Ex.B15 opinion proves that Q1 and Q2 writings have not been written by the counter clerk who was in the booking ticket at that time.

          9. The Complainant alleged that the new train timings not printed in the ticket issued to the Complainant. The new train time table came into force on 01.07.2012. The Complainant booked ticket on 13.06.2012. Therefore the ticket booked prior to the new time table come into force was obtained by the Complainant and therefore no one can expect that the new time table could be printed before coming into force. Therefore we hold that none of the Deficiency in Service alleged by the Complainant has been proved against the Opposite Parties and therefore we hold that the Opposite Parties have not committed Deficiency in Service.        

10. POINT NO :2

          Since the Opposite Parties have not committed any deficiency in service, the Complainant is not entitled for any relief in this Complaint and the Complaint is liable to be dismissed.

 

 

 

          In the result the Complaint is dismissed. No costs.     

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 29^th day of August 2016.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 17.07.2012                   Complaint booking to Joint Director, Southern

                                               Railway Public Grievance

 

Ex.A2 dated 15.07.2012                   Cancellation Ticket Nos.19863412 & 19863413,

                                               Chennai to Bangalore

 

Ex.A3 dated 15.07.2012                   Fast Track Call Taxi Receipt No.57007 for

                                               Rs.10,000/-

 

Ex.A4 dated 24.07.2012                   Complaint forwarded to Additional Divisional

                                               Manager by Public Grievance

 

Ex.A5 dated 21.08.2012                   Copy of letter of EA to Divisional Manager

 

Ex.A6 dated 26.09.2012                   Copy of letter of Senior Divisional Manager

 

Ex.A7 dated 04.10.2012                   Copy of letter of Senior Divisional Commercial

                                               Manager

 

Ex.A8 dated 15.11.2012                   Copy of letter of Senior Divisional Commercial

                                               Manager

 

Ex.A9 dated 28.03.2013                   Copy of letter of the Complainant to Senior

                                               Divisional Commercial Manager Information

                                               Under Right Act

 

Ex.A10 dated 04.04.2013                 Copy of reply letter of Senior Divisional Manager

 

Ex.A11 dated 10.07.2013                 Legal notice issued to Joint Director Public

                                               Grievance & Senior Divisional Commercial                  

                                               Manager/Southern Railway

 

 

Ex.A12 dated 12.07.2013                 Acknowledgement copy received from public

                                                  Grievance self & Senior Divisional Manager Office

 

LIST OF DOCUMENTS FILED BY THE   OPPOSITE PARTIES :

Ex.B1 dated 13.06.2012                   Q1 – Reservation form

Ex.B2 dated 13.06.2012                   Q2 – Reservation Form

Ex.B3 dated 01.12.2012                   S1 – Sample handwriting of railway staff

Ex.B4 dated NIL                     S2- Sample handwriting of railway staff

Ex.B5 dated 22.11.2012                   S3 – Sample handwriting of Complainant

Ex.B6 dated 22.11.2012                   S4 – Sample handwriting of Complainant

Ex.B7 dated 22.11.2012                   S5 – Sample handwriting of Complainant in

                                               reservation form

 

Ex.B8 dated 22.11.2012                   S6 – Sample handwriting of Complainant in

                                               reservation form

 

Ex.B9 dated 22.11.2012                   S7 – Sample handwriting of Complainant in  

                                               reservation form

 

Ex.B10 dated 22.11.2012                 S8 – Sample handwriting of Complainant in

                                               reservation form

 

Ex.B11 dated 22.11.2012                 S9 – Sample handwriting of Complainant in

                                               reservation form

Ex.B12 dated 22.11.2012                 S10 – Sample handwriting of Complainant in

                                               reservation form

 

Ex.B13 dated 22.11.2012                 S11 – Sample handwriting of Complainant in

                                               reservation form

 

 

Ex.B14 dated 22.11.2012                 S12 – Sample handwriting of Complainant in

                                               reservation form

 

Ex.B15 dated 14.06.2013                 Examination report/opinion

 

Ex.B16 dated 28.06.2013                 Forwarding Letter

 

 

MEMBER – II                                                               PRESIDENT