Andhra Pradesh

Chittoor-II at triputi

CC/75/2013

N.S.Lakshmana S/o. N.Sreenivasaiah ,76 yrs - Complainant(s)

Versus

The Station Superintendent, - Opp.Party(s)

N.S.Lakshmana

17 Jul 2014

ORDER

Filing Date:18.11.2013

Order Date: 17.07.2014

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

TIRUPATI

 

PRESENT: Sri.M.Anand, President (FAC),

        Smt. T.Anitha, Member

 

THURSDAY THE SEVENTEENTH DAY OF JULY, TWO THOUSAND AND FOURTEEN

 

C.C.No.75/2013

 

Between

 

N.S.Lakshmana,

S/o. N.Sreenivasaiah,

D.No.1087/A, NGOs Colony,

Tirupati – 517 501                                                                           … Complainant

 

And

 

1.         The Station Superintendent,

            Tirupati Railway Station,

            Tirupati.

 

2.         Chief Commercial Manager,

            Claims & Refunds,

            South Central Railway,

            Secunderabad – 500 071.                                                   …  Opposite parties.

 

            This complaint coming on before us for final hearing on 01.07.14 and upon perusing the complaint, written version and other relevant material papers on record and on hearing Sri.N.S.Lashmana, party-in-person for complainant and Sri.G.Ramaiah Pillai, counsel for the opposite parties, and  having stood over till this day for consideration, this Forum makes the following:-

 

ORDER

DELIVERED BY SRI. M.ANAND, PRESIDENT (FAC)

ON BEHALF OF THE BENCH

 

            This is a complaint filed under Section-12 of C.P.Act 1986, for the deficiency of service on the part of the opposite parties.

2. The brief averments in the complaint are as follows:-  The complainant and two women namely Smt.U.Lakshmi and Smt.Udaya Lakshmi, booked three tickets at Tirupati, to go to Varanasi from Tirupati and to return to Tirupati in 3^rd A/c. in the train Varanasi – Tirupati Express. Accordingly, all the three persons went to Varanasi spent for 15 days and on 28.11.2012 all of them reached Varanasi Railway Station and waiting for arrival of the train. They were allotted berth Nos.31,32 and 33  in Coach No.B-1, 3^rd A/c. On that day, there was heavy rush in the railway station and the train also came 4^1/2 hours late. When the train reached Varanasi Railway Station, all of a sudden all the passengers waiting for the arrival of train tried to board the train. When the complainant boarding the train, some culprits committed theft of his hand bag containing train tickets, cash and other belongings. The complainant could not identified the culprits, boarded the train and informed to Train Ticket Examiner (TTE) standing on the platform and the said TTE asked the complainant to occupy the berths already reserved for them. Then the TTE collected Rs.4,281/- towards train fair and penalty and issued a receipt bearing No.713106. The complainant addressed a letter to the Commercial Manager (Refund Section), North Eastern Railway, Gorakhpur on 18.12.2012 for refund of the amount of Rs.4,281/-. The Railway Authorities got issued reply that no amount could be refunded for the loss of tickets. It is therefore there is deficiency of service on the part of the opposite party. Hence the complaint.

3.  The opposite parties 1 and 2 filed their respective written versions alleging that the complaint is not maintainable and the other two passengers are not the complainants in this case and no authorization is filed that those two passengers authorized the complainant to claim the compensation. It is further alleged that the complainant filed this complaint by misusing the provision of law for his own wrong and negligence though there is no deficiency of service on the part of the opposite party. It is further alleged that no complaint was given to either Railway Protection Force, Government Railway Police or Station Superintendent on the date of theft or journey for the loss of tickets. It is further alleged that it is the duty of the TTE to collect fare and penalty from ticket loss travelers and accordingly the said TTE collected Rs.4,281/- towards fare and penalty from the complainant. It is further alleged that as per the guidelines of the Railways no amount could be refunded for the loss or misplaced tickets. So saying both the opposite parties prayed to dismiss the complaint with costs.

4.  On behalf of the complainant, the complainant himself filed affidavit on evidence as P.W.1 and got marked Exs.A1 to A4. On behalf of the opposite parties R.W.1 and 2 were examined and Ex.B1 marked. Both parties filed written arguments. Heard both sides.

5.  The points for consideration are:-

(i).  Whether there is any deficiency of service on the part of the opposite

       parties as prayed for by the complainant?            

(ii).  To what relief?

6.  Point No.(i):-   The complainant himself examined as P.W.1. According to him, himself and two women went to Varanasi and on 28.11.2012 all of them reached Varanasi Railway Station and waiting for arrival of train to come over to Tirupati. After the train arrived at Railway Station, Varanasi, all the passengers tried to board the train. When the complainant boarding the train, some culprits committed theft of his hand bag containing their tickets, cash and other belongings, but he did not give any complaint either to the Railway Protection Force, Government Railway Police or Station Superintendent, Varanasi Railway Station. After boarding the train, P.W.1 informed to TTE about the theft of tickets and TTE collected Rs.4,281/- towards fare and penalty and issued Ex.A3 receipt. P.W.1 addressed Ex.A1 letter to Chief Commercial Manager, Gorakhpur, North Easter Railway, for refund of the amount collected under Ex.A3. Ex.A1 was issued on 21.12.2012. Till then the complainant kept quiet  without giving any complaint to Government Railway Police or Superintendent, Tirupati Railway Station, about the theft or loss of tickets. There is no proper explanation as to why such delay has been occurred in giving complaint Ex.A1 to Commercial Manager (Refund Section) North Easter Railway, Gorakhpur, for refund of the amount collected under Ex.A3. If the complainant had no time to give complaint at Varanasi, he could have given complaint to Railway Protection Force or Government Railway Police, who could follow the train. Further, immediately after arriving Tirupati, the complainant could not tried to give complaint to Government Railway Police, Tirupati, for necessary action. Leisurely and after thought, the complainant sent Ex.A1 on 21.12.2012 for refund of the amount collected under Ex.A3.

7.  On the other hand, the opposite party examined R.W.1 and 2 on their behalf. They deposed that there is no proof in written to the concerned authorities about the alleged theft of hand bag of P.W.1 and the theft was happened only due to the negligence on the part of the complainant and he himself has to blame for his own negligence and not to blame Railway Authorities. R.W.1 and 2 further deposed that it is the duty of the TTE to allow the passengers, who are having proper tickets for the  journey in the Railways. It is further deposed that since the complainant and two other passengers were found traveling without tickets, they were charged as per the rules. They further deposed that as per the guidelines no refund of fare on the loss / misplaced tickets and that it is rightly rejected for refund of fare collected under Ex.A3. It is further deposed that the cause of action arose at Varanasi Railway Station and this Forum has no jurisdiction to entertain the complaint and that this complaint is liable to be dismissed.

8.  Admittedly, the theft took place at Railway Station, Varanasi and Ex.A3 was issued in the train by duty TTE in the said train. Absolutely, there is no cogent evidence to show that culprits committed theft of hand bag of the complainant at Railway Station, Varanasi. In the absence of positive evidence, an inference could be drawn that the complainant might have lost his hand bag at some where other than the Railway Station, Varanasi. Further it creates a doubt that had the complainant lost tickets at Railway Station, Varanasi, certainly he should not have kept quiet till 21.12.2012 without informing to the Railway Authorities. Further there is no iota evidence to show that the complainant informed to duty TTE about the theft of tickets at Varanasi Railway Station. It creats a doubt as to why the complainant could not given complaint in written to the duty TTE about the loss of tickets. The evidence of P.W.1 itself  is clear that himself and his two companions traveled in the train on 28.11.2012 without proper tickets and that it could be easily said that they were traveling as ticket less travelers and that duty TTE collected Rs.4,281/- towards fare and penalty. The duty TTE could not be blamed because of collection of the fare and penalty from the complainant. The opposite parties marked Ex.B1 in Sl.No.9 it is stated as “for Rule-17 of the said rules, the following rule shall be substitute namely:- 17 loss / misplaced / torn or mutilated tickets:

    (i)  No refund of fare in respect of loss or misplaced ticket shall be granted”.

9.  The above said rule is clear that if any passenger in a train lost or misplaced his ticket, the ticket fare could not be refunded. In the instant case, due to his negligence, the complainant lost tickets and therefore he paid Rs.4,281/- towards fare and penalty and that absolutely there is no deficiency of service on the part of the opposite party. Further, as the cause of action arose at Varanasi, this Forum has no jurisdiction to entertain the complaint.

10.  In view of the above reasons, we are of the opinion that the complainant is not entitled for the reliefs as prayed for and that the complaint is liable to be dismissed. Hence, this point is answered against the complainant.

11. Point No.(ii):-   In the result, the complaint is dismissed without costs.    

Typed to dictation by the stenographer, corrected by me and pronounced in the Open Forum this the 17^th day of July, 2014.

       Sd/-                                                                                                                      Sd/-                  

Lady Member                                                                                               President (FAC)

 

APPENDIX OF EVIDENCE

WITNESS EXAMINED ON BOTH SIDES

 

PW-1: N.S.Lakshmana (Evidence Affidavit filed).

RW-1: M.Gangulappa (Evidence Affidavit filed).

RW-2: R.G.Kanakaraj (Affidavit filed).

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/S

 

Exhibits	Date	Description of Documents
Ex.A1	21.12.2012	Letter of the Complainant addressed to the Commercial Manager (refunds section) North Eastern Railway, Gorakhpur.
2		Acknowledgement issued by the S.C. Railway Secunderabad.
3.	28.11.2012	Photo Copy of receipt No.05 S 713106 for Rs.4,281/- towards payment of train fare and penalty.
4		Letter No.MSCO 30113 M 00082 dealer ID SC D P05, from the Chief Commercial Manager claims and refunds, S.C.R. Secunderabad.

 

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/S

 

Exhibits	Date	Description of Documents
Ex.B1		Photo Copy of  Refund after the prescribed time limits.

                                                                                                                                   

 

 

                                                                                                                                                                                                          Sd/-

President (FAC)

// TRUE COPY //

// BY ORDER //

 

 

Head Clerk/Sheristadar,

                                                                                    Dist. Consumer Forum-II, Tirupati.   

 

 

Copies to:-     1. The Complainant.

                        2. The opposite parties.