DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 30th DAY OF SEPTEMBER, 2024.
PRESENT : SRI. VINAY MENON .V.
: SMT.VIDYA A., MEMBER.
DATE OF FILING:15.06.2023.
CC/157/2023
R.Rajendran, Advocate, - Complainant
Opp.BSNL/HPO,
Sulthanpet, Palakkad-678 001.
(party-in-person)
Vs
The Senior Divisional Mechanical Engineer, -Opposite Party
Southern Railway, Trivandrum Division,
DRM Office, Mechanical Branch,
Thiruvananthapuram-695 014.
(By Adv.G.Jayachandran)
ORDER
BY SMT.VIDYA A., MEMBER.
1. The complainant along with his wife had travelled from Palakkad to Trivandrum central by Train No.16344 Amrita Express on 23.03.2023 in 3rd AC B1 coach, When the train reached Kayamkulam in the early hours of 24.03.2023, the entire lights in the B1 coach were switched on by the bed spread clearing staff for clearing the bed spreads and this continued till the train reached Kollam. When the complainant enquired the staff about switching on the lights before the train reaching destination, they replied that they have instructions to clear the bed spreads 1 ½ hours before the train reaches the destination, if the berths are vacant.
The complainant immediately lodged a complaint in 139 and texted a message to 09717630982 and got a message acknowledging it with remark that the complainant can track his concern in the mail ID given in the message. The complainant after reaching Trivandrum Central, lodged a written complaint in the Complaint Register of station master, the copy of which was given to the complainant with signature and seal. At around 4.43 am., the complainant received a message from IRSMSA that the complaint is closed informing to check the closing remarks. On checking, he found “sir, sorry for the inconvenience caused” was the replay given by them.
The complainant had travelled in AC Coach to attend a function in Trivandrum on the next day. The action of the staff of the opposite party in switching on the lights well before the train reaches the destination resulted in loss of sleep and mental agony to the complainant and his wife.
So, he filed this complaint with the following prayers;
1. To direct the opposite party to refrain from the act of switching on lights in the AC coaches well before the train reaching destination.
2. To pay a compensation of Rs.30,000/- for their deficiency in service and for the mental agony caused to them.
3. To pay the entire cost of the proceedings and such other reliefs as the Commission find fit to grant.
2. After admitting complaint, notice was issued to the opposite party. The opposite party entered appearance and filed version.
3. The opposite party in their version had stated that they are doing their duty for having a proper travel experience enroute for the passengers. The bed spread staff are only doing their duty as directed by the Railway Board. The opposite party denied the rest of the allegations in the complaint.
The Railway administration is facing problem of misuse of bedroll materials if not collected from the passengers before de-boarding.
Hence, the bedroll staff onboard are instructed to collect the used bedroll materials from the passengers at least 30 minutes before de-boarding vide Railway Board letter dated 01.09.2015, it is also observed that if the used bed rolls are not collected back from the vacant seats, it would lead to inconvenience to the enroute joining passengers. Further, the opposite party is providing proper instructions and counselling to their staff for restricting their movement inside the coaches to minimum so that inconvenience to the passengers should be avoided especially during night hours while collecting the bed rolls. Hence, the act of the opposite party is only in a bonafide intention to provide better service to the passengers.
There is no deficiency in service on their part. The complaint is filed only to extort huge amount of money from the opposite party and all the allegations are baseless. The complainant is not entitled to the reliefs claimed. So, they prayed for the dismissal of the complaint with their cost.
4. From the pleadings of parties, the following points arose for consideration.
1. Whether there is any deficiency in service on their part of the opposite party?
2. Whether the complainant is entitled to the reliefs claimed?
3. Any other reliefs.
5. Complainant filed proof affidavit and Exts.A1 to A9 marked from his side. Marking of Exts.A2, A3 and A4 are objected to on the ground that they are unaccompanied by Section 65B certification. Later, the complainant produced Section 65B certification and the objection is overruled. The opposite party filed proof affidavit and Ext.B1 marked from their side. Marking is objected as it is unaccompanied by Section 65B certification. Evidence closed and heard the parties.
6. Point No.1
Complainant’s grievance pertains to the acts of bed spread clearing staff in switching on lights to clear the bed spread before the train reaches the destination. According to him, it caused loss of sleep and inconveniences to him.
The complainant immediately lodged a complaint in 139 and texted a message to 09717630982 and he got a reply that the Rail madad Reference number is 202303 2400376 with the remarks that the complainant can track his concern in the mail ID given in the message. Further, on reaching Trivandrum Central, he lodged a written complaint to the Station master.
7. In order to prove his case, the complainant produced nine documents which were marked as Exts.A1 to A9. Ext.A1 is the E-ticket printout. Ext.A2 is the print out of the message to No.9717630982. The time shown is 3.50 am and in this the complainant had explained his concern about the switching on the lights in the entire coach before the train reaches Kollam. Ext.A3 is the printout of the reply from Rail Madad. The time shown in this is 4.02 am. Ext.A4 is the print out of the ’Feedback’ from Rail Madad. In this, the closing Remarks is mentioned as “Sorry for the inconvenience caused” and remarks by the complainant is “Not satisfied. Sorry is not the answer for the mental agony.” Ext.A5 is the copy of the written complaint to the station master. Exts.A6 to A8 are the copy of legal notice issued to the opposite parties, its postal receipt and acknowledgment.
8. These documents shows the contentions of the complainant to be correct and the action taken by him in time.
9. The opposite party produced the print out of the circular issued by Government of India, Ministry of Railways to “The General Managers, All Indian Railways”. This circular is about “Recovery against loss of linen items distributed on trains.” It shows the measures to be taken by the Zonal railways inorder to prevent any misuse of this provision. First measure to be followed is stated as.
“ 1. Linen distribution staff should be advised to collect the used linen from passengers before he/she de-boards the train at least 30 minutes in advance”.
It also states the remedial measures to be taken against the defaulting staff.
10. Eventhough the contention of the opposite party that the cleaning staff are instructed to collect the bed rolls form the vacant seats in order to avoid misuse of bedrolls and inconvenience to the joining passengers, they have to do their duty without disturbing the passengers, especially in the early hours of the day.
11. As per the IRCTC Rules, all lights other than the night light are to be turned off after 10 pm. Even, passengers are not allowed to listen to loud music or conversations after 10 pm. So, the act of the staff of the opposite party causing disturbance to the sleep of passengers is a deficiency in service on their part. Further, the reply to the complaint lodged by the complainant stating “Sorry for the inconvenience caused” is not at all satisfactory. The opposite party should have considered the inconvenience caused to the complainant with an assurance to take remedial action in order to prevent it in future. The failure on their part amounts to deficiency in service.
12. Points 2 and 3
According to the complainant, he suffered mental agony due to the acts of the staff of the opposite party. Further, it caused inconvenience to him and his wife who were travelling to attend a function.
We have no authority to give a direction to the opposite party to refrain from switching on light in the AC coaches before the train reaches the destination as prayed in the complaint.
Hence, we allow the complaint in part, with a direction to the opposite party to pay Rs.10,000/- as compensation for the inconvenience caused to the complainant due to their deficiency in service and Rs.5,000/- as cost of the litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.500/-as solatium per month or part thereof, from the date of the order, till the date of payment. It goes without saying that the liability is cast on Trivandrum Division of Southern Railways and not on the Senior Divisional Mechanical Engineer.
Pronounced in open court on this the 30th day of September, 2024.
Sd/-
VINAY MENON .V, PRESIDENT
Sd/-
VIDYA A., MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: E Ticket print out.
Ext.A2: Print out of message to 09717630982.
Ext.A3: Print out of acknowledgement from Railmaded.
Ext.A4: Print out of Feedback from Railmadad.
Ext.A5: Acknowledged written complaint to Station Master, Trivandrum Central.
Ext.A6: Copy of notice dated 28.03.2023.
Ext.A7: Postal receipt dated 29.03.2023.
Ext.A8: Acknowledgment dated 30.03.2023 for receipt of notice.
Ext.A9: Letter dated 30.03.2023 from DRM Office, Palakkad.
Document marked from the side of Opposite party:
Ext.B1: Letter from Railway board to the General Manager, All India Railways.
Document marked from the side of Court: Nil
Witness examined on the side of the complainant: Nil
Witness examined on the side of the opposite party: Nil
Court witness: Nil
Cost : 5,000/-.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5)of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
