Order No.                 .

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this case states that he started journey with his wife on 04-07-2013 by Train No.12320 PNR No.2248212112 from Mathura to Kolkata Terminal Station by sleeper class in coach No.5-6, berth no.1 and 4.  There was no water in the bathrooms near above berths since Mathura Station.  At night the matter was brought to the knowledge of the coach TTE when he appeared to check the tickets.  But no action was taken in this regard.  The matter was again brought to the knowledge of the TTE named Mohd. Ismail at Naini Station on 05-07-2013 and that fact was also witnessed by the other passengers of the same coach in writing.  The tube light between berth no.1 and 8 was out of order.  So, it was a very painful journey for a senior citizen of 64 years, because at night, it was not possible for them to journey without water and it was extremely painful.  The bathrooms were devoid of water from Mathura Jn. Station to Mughalsarai Station.

          The prices of a bottle of drinking water and bottle of Frooti are higher than that of the printed price.  Finding no other alternative, the complainant had to purchase a bottle of drinking water at Rs.17/- instead of Rs.15/-.  At Gaya Station, the prices of puri and sabji packets are also dearer.

          It is specifically stated by the complainant that it is the duty of the Railway Officers to check the prices that is charged by the food stalls and other irregularities.

          Complainant further stated that in the written version OP has stated that the incident took place outside the jurisdiction of Eastern Railway, it covers an area of North Central Railway and East Central Railway.  In this respect it is to be mentioned that the complainant purchased railway tickets from Mathura Jn. to Kolkata Railway Station and made no break journey anywhere.  As the journey of the complainant ended at Kolkata Railway Station, so, the complainant cannot lodge complaint in Mughalsarai or Gaya Station.  In the circumstances, complainant lodged complaint at Kolkata Station who is OP1 in his petition.

          The Indian Railway is one and several jurisdictions are made by them for administrative or any other purpose.

          Therefore, this is a clear case of deficiency of service and mental agony for the complainant.  So, the complainant prays before the Forum to direct the OPs to pay a sum of Rs.95,000/- for mental agony and deficiency in service and pay other costs as the Forum may deem fit and proper.

          On the other hand, OP1 appeared and by filing written version stated that the petition filed by the complainant is not maintainable in its present form and law and the complaint is not maintainable because it is vague, frivolous and the complaint is nothing but a concocted story and is written with mala fide intention.  The complainant has an intention to harass the OP1, so such complaint is made.  OP1 stressed on this point that the complaint lacks territorial jurisdiction, since the incident allegedly took place outside the jurisdiction of Eastern Railway.  The incident occurred between Mathura and Gaya covering Mughalsarai Station, which fail under the jurisdiction of North Central Railway and East Central Railway respectively.  The headquarter of North Central Railway is Allahabad and the headquarter of East Central Railway is Gaya.  So, Kolkata which falls under Eastern Railway is in no way responsible for the alleged incident and Eastern Railway has no knowledge of the alleged incident, so Eastern Railway is a mis-joinder to the issue.

          OP1 submits that the complainant never informed of his difficulty to the coach attendant of the train, he never pulled the chain of the train.  Moreover, the allegation submitted by the complainant is signed by several commuters who were relatives of the complainant travelling in that train.  As the document was not received by any Railway Department, so, it cannot be treated as a public document.

          OP1 prays for dismissal of the present complaint as it is not maintainable for lacking territorial jurisdiction.

          In this case notices of the complaint was served upon the Station Master, Mathura (OP2) and Gaya Railway Station (OP4) but both the letters were returned to office of the Ld. Forum, Kolkata, Unit-II with postal endorsement ‘refused’.  OP1 received the notice and appeared and submitted written version.  But the station master, Mughal Sarai, Station also did not appear.  OPs 2,3 and 4 did not turn up but even they did not file written version, OPs2,3 and 4 did not take any step, these OPs were found absent on repeated calls, so the case was fixed for ex parte hearing against OPs2,3 and 4 on 29^th May, 2014 and on that date all OPs were found absent.  On 04-04-2014 Mr. Suniran Marendi on behalf of OP1 who claimed himself as Station Superintendent appeared.  After taking several dates he filed written version on 29-05-2014.  On 04-07-2014 evidence in chief was filed by the OP1 on 23-07-2014, the argument was heard finally from the complainant and from OP1 and accordingly we proceeded for preparation of judgment.

Decision with Reasons

On proper study of the complaint and the written version and evidence in chief and also the nature of defence as made by OP1, Station Master, Kolkata Railway Station, it is undisputed fact that the complainant boarded the train 12320 having PNR No.2248212112 from Mathura to Kolkata Railway Station with his wife on 04-07-2013.  It is also an admitted fact that they had their reserved tickets in sleeper coach.  They reached Kolkata on the next day, i.e. on 05-07-2013.  But the complainant had to face severe inconveniences during journey.  The complainant reported the matter to the coach TTE who came to check the tickets and again at Naini Station but with no result about deficiencies.  Next day, it was brought to the notice of other passengers of that train.  The OP1 refuted the complaint by stating that it was signed by the relatives of the complainant but there is no such evidence to prove by the OP that they are the relatives of the complainant.  Whatever it may be it is proved that complaint was made before the TTE but he did not take any such step.  But fact remains that the complainant made a complaint to the Station Master, Kolkata Railway Station on 29^th July, 2013. 

          The complainant had a reserved ticket so, he could have expected minimum facilities from the Railway Department who were on duty in course of journey.  But at night the Railway Officials did not do their duties properly.  Railway Department always takes ticket money from the passenger, but they fail to provide proper service.  It is really horrible and painful to go to the bathroom crossing the corridor, where lights are out of order.  The complainant is a passenger aged 64 and his wife aged 61, so it is natural that they would go to bathroom frequently.  But there was no water in the bathroom till Mughalsarai Station.  It was not a local train.  The passengers are travelling from distant places.  So, the railway officials must fill water in the tanks of trains so that the complainant and other passengers can get adequate water.  But the railway department is very negligent and reluctant in this matter.  The complainant could not use bathroom for lack of water and tube light on the way.  But these facilities are expected by each and every passenger on board.  The passengers are not getting essential services and facilities against booked and reserved tickets.  No doubt it is deficiency and negligent manner of service.

          The passengers with valid tickets are not attended by the ticket checkers and question of giving facility is uncertain and it is really a horrible picture of every valid ticket holder in the reserved coach daily.

          In this case particularly OP tried to convince that complainant had his scope to pull the chain and to place his grievances but complainant did not do so and it is the contention of the OP that if chain had been pulled in that case the matter shall be otherwise entertained but that was not done.  Most interesting factor is that such sort of defensive argument on the part of the OP simply proves that there was no light and water facilities in the said compartment.  At the same time no paper has been produced by the Railway Authority to show that the said coach or the coaches fixed with the train were properly checked up by the coach inspector and there is no paper to show that in each station the water was filled up in the tank and when OP has failed to prove by any cogent document, then the grievance or the dissatisfaction of the complainant cannot be denied, OP tried to convince this Forum that in that situation it was the duty of the complainant to pull the chain for want of water and light system it may be cured.  However, such sort of defence on the part of the OP is completely beyond the Railway Rules because if any passenger pulls the chain for such sort of deficiency in that case such a passenger should be punished because the chain can be pulled only on emergent ground and if complainant ought to have followed such sort of instruction of the Railway staff of the said train not only the commuters shall be disturbed, there shall be further delay in running the train and ultimately the result would be that the present complainant or his wife shall be punished for pulling the chain for such cause.  It is astonishing that that Railway Authority for their own laches tried to implicate the complainant as an accused for pulling the chain and invariably in such situation complainant did not rightly accept the proposal of the Railway Authority to pull the chain and practically it was his good decision otherwise for bad instruction of the Railway Staff they shall be sent to jail at night and their entire journey shall become marred and considering the entire fact and defence it is clear that the Railway Authority admitted their deficiency no doubt and to curve their deficiency they tried to convince this Forum that it was the laches of the complainant and complainant did not properly ventilate his grievance by pulling the chain but peculiarities is that coach attendant or TTE were there.  They did not respond but it is the bounden duty of the coach attendant or the TTE to hear the grievance of the passengers about the insufficiency of light, fan and water and it is their duty to report in next stoppage station to remove all those deficiencies but in the present case that had not been done by the Railway Employees who were in the said train.  No document is produced by the Railway Department or the TTE that on the particular coach there was sufficient light, there was sufficient water but no certificate of the supervising staff of Electrical Department or Water Department of the Railway has been submitted by the OP to prove that there was no deficiency of light or water.  So, considering all the above facts and we find that the Railway Authority was negligent and deficient in giving and providing sufficient light and water in long journey train in which the complainant and his wife the senior citizens were coming from Mathura to Kolkata. 

          Fact remains OP has tried to say that such sort of incident happened outside the jurisdiction of the Eastern Rail as such Eastern Railway is not liable for that but fact remains as per principle of law if any passengers starts from any Station and reaches in the destination station and during the period of said continuous journey if any service is not provided by the Railway Authority during that journey passenger can file case either at destination or at departure station also because it is the provision of law that on transit if any incident takes place the complaint may be filed at destination station or at starting point but no doubt it cannot be at starting point in view of the fact that after starting of train after facing problems one must have to make grievance just to the TTE and coachman and if it is not properly redressed in that case the passenger may file such complaint before the Forum after arrival at his destination station and fact remains from Mathura to Kolkata there were many stoppages and at that stoppage station the grievance of the complainant can be redressed by the TTE and coachman or by the guard but that was not done.  So, it is a continuing offence and grievances up to Kolkata Station and for which this complaint is not barred by limitation or barred by any jurisdiction.  Another factor is that in between that journey from Mathura to Kolkata all the divisions of Railway equally responsible for any sort of deficiency and negligence of service to be rendered by the Railway Authority to the passengers and in between the journey as and when the train passes through any division same division is also equally responsible and fact remains the complainant faced that deficiency till their arrival at Kolkata.

          So, the present complaint is maintainable against the present OP.  Anyhow, the OP has tried to convince that complainant made journey on 04-07-2013 but complaint was filed on 29-07-2013 which was an afterthought.  In this regard it is to be mentioned that there was no question of afterthought as it was filed within time and within short period but some time is required to prepare the same because middle class passengers are very well aware of the fact that they are making allegation against Railway Authority who very powerful having their huge fund to spend for litigation.  So, filing up the complaint on 29-07-2013 from the date of journey on 04-07-2013 is not any ground to disbelieve the story when the allegation as alleged by the complainant is directly and indirectly casually denied but without producing any paper or any certificate of coach attendant, electrical supervisor, water supervisor of any Station of Gaya or Mathura or any other Station where the train stopped to the effect that water was filled up, light was repaired but to that effect there is no certificate.  Another factor is that in the present case complainant was compelled to purchase drinking water bottle at a high rate from the platform at the Station at Mugalsarai and also puri, sabji packet at Gaya Station at high rate complainant also made allegation to the Railway TTE but they did not pay any heed.  Fact remains this grievance is not denied by the OPs.  So, it is proved that the complainant as passenger including other passenger came across the problem like no water supply in the bathroom, no light and fan inside the compartment all along but TTE coach attendant were engaged in collecting money from unauthorized passenger to give them relief without giving any proper attention of the grievance and it is the common phenomena in respect of the railway journey of any passenger in respect of long route journey.  Truth is that Railway Authority has no control over the TTE coach attendant, Electrical Supervisor, Water Supervisor who are appointed for the purpose of giving proper attention so that the coach must be properly provided with water and electricity with other avenues and that is the common feature of all the coaches and long journey trains, in this regard, we, the Forum Members observed in so many cases during the journey the similar situation.  Fact remains if any passenger raises any voice against such deficiency practically such sort of passengers shall be hackled by the Railway Staff and it is also ventilated in so many cases and it is published in all newspaper but laches are not controlled by the Railway Staff and this is the order of the day of the railway administration.

          Taking into account the above materials on record we are convinced to hold that Railway Authority particularly the Station Master or the other persons or the Railway Authority are always tight lipped in this regard because they are well aware of the fact that they are sitting in their respective chair getting monthly salary but not for other purpose as their service is permanent.  So, there is no question of losing service and if this present situation is minutely considered in that case it proved beyond any manner of doubt Railway Administration has lost their entire control for their own callous administration to give any satisfactory service to the daily commuters or the reserve ticket holders during their journey.  Now, it is OP’s only slogan only train will run but no service shall be given and if passengers raise any voice in that case the passenger shall be assaulted by the railway staff and that is their treatment and that is the present scenery in the railway administration which is ventilated daily in different Newspaper but railway administration is sleeping like winter frog.  It is also found that the Station Master is very much busy with the traders but not busy to hear the grievance of the passengers because Station Master have realized spending times with the passengers to hear their grievances is a freelancer job rather it will give him more money if he gives proper attention to the traders who are booking the articles at low price by sending higher quantity of articles and in this regard the booking clerk and Station Master was very busy.  Probably for that purpose Station Master is appointed and they are now after getting their posting as Station Master they are engaged in implementing policy grow more money for himself like grow more food but not for giving more attention, proper service to the passengers but it must be kept in our mind that it must be the moral, social approach of departmental daily duty to ply a train along with coaches in proper manner so that the passengers must not have to face problems during their journey for want of water, fan and light.  Anyhow, in the present case the very senior citizen passengers suffered much and they completed their painful journey for laches, negligence, callousness and deficiency on the part of the Railway Authority and employees and for which no doubt the complainant is entitled to some compensation for suffering mental pain and agony caused by the OP, when complainant is not a daily commuters but he was travelling with a valid reserved tickets, paying the proper charges for a sleeper coach.  So, it is the responsibility of the railway authority to give all services including safety and other duties but no doubt in the present case it is a horrible experience of the senior citizens during their journey and no doubt this is the daily experience of most of the passengers in sleeper coaches and long route journey.

Considering all the facts and circumstances and also poor service of the Railway Authority in sleeper coach at night hours in this particular case it is improved that minimum facilities by the Railway authority were denied to the complainant.

          The complainant and his wife spent a horrible night in the train bound for Kolkata Station.  It is not a stray incident, but also a common incident, lights in most of the trains remain out of order and fans cannot move properly because of dust.  Water in the bathrooms is one of the most vital necessities, but about that the railway staff hardly bother.  The complainant and his wife suffered all these severe problems for negative attitude of the staffs are responsible for providing such services.

          In the light of the above observations we are convinced to hold that the complainant no doubt became the victim of negligent service on the part of the railway administration and their employees.  A diligent and moral service to the valid ticket holders should be given at first for total upliftment of the railway services.  In fact there is no desire of the railway administration to give proper service during long journey.  In this case, it is proved what poor service was given by the railway authority.

          We are also convinced that the Forum has jurisdiction to decide the present redressal as claimed by the complainant and the present Forum has the jurisdiction to decide it and fact remains on journey if any problem occurs, in that case, the matter may be deal with by this Forum, because, the complainant and his wife got down at Kolkata Railway Station.

          In the light of the above observation and also considering the documents, we are of the opinion that this is a very painful and horrible picture as presented before this Forum by a senior citizen who was deprived of getting the minimum service on board.  It was caused due to gross negligence on the party of railway staff.  Fact remains that the complainants did not get proper service from the Railway Authority during journey for which Railway is responsible for which liable to pay compensation.  So, in this case Railway Authority shall have to pay Rs.15,000/- to the complainant as per provision of C.P. Act, 1986.

          In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.5,000/- against the OPs.

          OPs are hereby directed to pay a compensation of Rs.15,000/- to the complainant within one month from the date of this order for causing mental pain, agony, harassment and for their negligent and deficient manner of service rendered to the complainant as a bona fide passenger.

          OP shall have to comply the order by paying a total Rs.20,000/- (Rs.15,000/- as compensation + Rs.5,000/- cost as awarded) within one month from the date of the order failing which for each day’s delay and for non-compliance of this order of the Ld. Forum, Railway Authority shall have to pay punitive damages @Rs.200/- per day till full implementation of this order, and if it is collected same shall be deposited to this Forum, by the Railway Authority.

          Even if it is found that they are very much reluctant to comply the order in that case penal action u/s.27 of the C.P. Act, 1986 shall be started against them and further penalty of Rs.10,000/- shall be imposed as per laws.