Haryana

Yamunanagar

CC/507/2010

Karan Singh S/o Sapattar Singh - Complainant(s)

Versus

The Station Master Railway Station. - Opp.Party(s)

Mir Chand

18 Feb 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                             Complaint No. 507 of 200.

                                                                                             Date of institution: 25.05.2010.

                                                                                             Date of decision: 18.02.2016.

Karan Singh aged about 40 years son of Sh. Sapattar Singh @ Inspector Singh R/o Village Nagal, Tehsil Jagadhri, District Yamuna Nagar.  

                                                                                                                                                         …Complainant.

 

1. The Station Master, Railway Station, Jagadhri, District Yamuna Nagar.
2. The Station Master, Railway Station Saharanpur (U.P)
3. Divisional Railway Manager ( Northern Railway) Ambala Cantt.
4. Union of India through General Manager ( Northern Railway), Baroda House, New Delhi.                                                                                                                                                                                                                                                                                                                                                                                    …Respondents.   

Before:             SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

 

Present:  Sh. Mir Chand Saini Advocate, counsel for complainant.  

               Sh. Ramneek Sharma, Advocate, counsel for respondents.

             

ORDER

 

1.                     Complainant Karan Singh has filed the present complaint under section 12 of the Consumer Protection Act. 1986 praying therein that the respondents (hereinafter referred as Ops ) be directed to pay Rs. 85,000/- as compensation to the complainant on account of deficiency in service on the part of OPs as well as litigation expenses to the tune of Rs. 11000/-.   

2.                     Brief facts of the complaint, as alleged by the complainant, are that he has to go Sahranpur for his personal work and for that purpose the complainant reached at Railway Station, Jagadhri on 17.01.2010 at about 7.30 A.M. and purchased a railway ticket No. 88959650 worth Rs. 5/- from the ticket window issued at 7.45 A.M. for passenger train from Jagadhri Railway Station to Saharanpur Railway Station. In the meanwhile at 7.50 A.M. an announcement was made by the Railway Authority that Amarnath Express Jammu Tavi to Gorakhpur bearing train No. 2588 has been reached on plate form No.1 and after listening that announcement the complainant immediately rushed to ticket window and purchased a ticket No. 88959664 worth Rs. 19/- by asking that “ give me a ticket of Amarnath Express train from Jagadhri to Saharanpur Railway Station” and the same was issued to the complainant at 7.54 A.M. by the booking clerk present at that time. The complainant boarded the General Boggi of the abovesaid train and when the complainant is going to leave the train at Saharanpur Railway Station, at that time 3 gents and one (1) lady ticket checker catch hold the complainant and asked him to show the ticket. The complainant immediately showed his ticket No. 88959664 to them but they asked to the complainant that the same does not belong to the Amarnath Express Train because this train is not Express Train but is a super-fast train. Upon this, complainant requested to the abovesaid ticket checkers that he had purchased the ticket by saying the name of the above train i.e. Amarnath Express but they did not pay any heed to the genuine request of the complainant and took him forcibly in the interrogation room and detained in illegal custody for approximate one hour and also demanded money from the complainant to release him and also used the filthy language and also misbehaved with the complainant. They searched the pocket of the complainant and snatched Rs. 2000/- only. Due to the abovesaid circumstances it is ample clear that ticket booking clerk at Jagadhri Railway Station has done negligent work by giving wrong ticket to the complainant for that the complainant has faced so many problems and also lost his reputation in the eyes of public etc. financial loss by snatching of Rs. 2000/- by the ticket checkers and detaining the complainant in illegal custody. After that complainant had also served a legal notice dated 19.1.2010 to the Higher Authority including the Op No.1 but the Higher Authority OP NO.4 wrote a letter dated 2.2.2010 to the complainant mentioning therein that your representation is being sent to the Senior Divisional Commercial Manager Northern Railway Ambala for necessary action. The reply dated 23.03.2010 of the Op No.3 was also not satisfactory. Hence, this complaint. 

3.                     Upon notice, OPs appeared and filed its written statement by taking some preliminary objections such as complainant is not maintainable, estopped by his own act and conduct, without jurisdiction and on merit it has been mentioned that complainant was not having valid ticket for journey in super-fast train as for super-fast train, he has to pay extra amount which the complainant has not paid, so he does not have any valid ticket for the journey and he has concocted a false and frivolous story. It has been further specifically denied that complainant was forcibly taken to interrogation room and detaining in illegal custody and further ticket checkers snatched Rs 2000/- from the pocket of the complainant. Further it has also been denied that booking clerk at Jagadhri Railway Station was negligent in work and giving a wrong ticket to the complainant. Lastly prayed for dismissal of complaint.

4.                     To prove the case, counsel for complainant tendered into evidence affidavit of complainant as Annexure CX and documents such as Railway Ticket of Rs. 5/- as Annexure C-1, Railway ticket of Rs. 19/- bearing No. 88959664 as Annexure C-2, Receipt of fine as Annexure C-3, Return ticket as annexure C-4, Copy of legal notice dated 19.01.2010 as Annexure C-5, Letter issued by OP No.4 dated 2.2.2010 as Annexure C-6, Letter issued by OP No.3 as Annexure C-7 and postal receipts and acknowledgement as Annexure C-8 to C-14 and closed the evidence on behalf of complainant.

5.                     On the other hand, counsel for the OPs tendered into evidence affidavit of Sh. Amarpal Singh, Assistant Commercial Manager Ambala Division as Annexure RW/A, affidavit of Smt. Narayani Devi booking clerk Railway Station Jagadhri as Annexure RW/B and affidavit of Smt. Surekha Yadav Special Ticket Examiner, Railway Station, Saharanpur as Annexure RW/C and closed the evidence on behalf of OPs.  

6.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file minutely & carefully.  Learned counsel for the complainant reiterated the averments made in the complaint and prayed for its acceptance whereas the counsel for the OPs reiterated the averments made in the reply and prayed for its dismissal.

7.                     The only grievances of the complainant is that booking clerk at Jagadhri issued a wrong ticket to him due to which he faced so many problems and financial loss and hardships at the hands of ticket checkers at Railway Station Saharanpur despite that he specifically demanded the ticket for Amarnath Express Train which was coming at that time at Jagadhri Railway Station for going towards Saharanpur side. Hence, there is a deficiency in service on the part of OPs and the complainant is entitled to get compensation on this account. Learned counsel for the complainant referred the case law titled as Vinay Vilas Sawant (Smt.) vs. Union of India, 2008(1) CLT Page 467 wherein it has been held that Consumer Protection Act 1986, Section 2(1)( c), (g)- Complaint- Consumer- Railways- After purchasing a railway ticket, a passenger would be a consumer as he avails of services of the Railways; including the use of platform, footpath, over bridges for ingress to and agrees from train- If there is any deficiency in service in providing defective ingress or egress which causes injury, then such a person is entitled to file a complaint under the C.P.Act. and also referred the case law titled as B.L.Sood Versus Delhi Transport corporation, 2008(1) CLT page 473 wherein it has been held that in a civil society, rough behavior with a senior citizen or with any person by the employee of service provider cannot be permitted- They are expected to behave in a civilized manner and with respect- This amount to deficiency in service.

8.                     On the other hand, counsel for the OPs argued at length that a false story has been concocted by the complainant just to extract money from the OPs but in fact at that time complainant was not having valid ticket for the journey in a super-fast train and ticket checkers of the OPs has rightly charged difference amount of Rs. 10/- alongwith Rs. 250/- as penalty from the complainant which is evident from Annexure C-3. Lastly prayed for dismissal of complaint being no deficiency in service.

9.                     After hearing both the parties at length, we are of the considered view that the arguments advanced by the counsel for the OPs is not tenable and there is a great negligence on the part of OP No.1 i.e. booking clerk of Railway Station, Jagadhri who issued wrong ticket to the complainant. As ordinary men could not know that Amarnath Express Train is an express train or super-fast train. Moreover, in this case, the complainant asked the ticket specifically by saying the name of train i.e. Amarnath Express Train, so it was the duty of the booking clerk to issue proper ticket to the passengers. It is not the case of the OPs that at that time when the complainant purchased ticket another train which was not super-fast train, was coming and complainant boarded wrong train. When a person can purchase a ticket of Rs. 19/- then it cannot be presumed that he could not pay Rs. 10/- more for Super-Fast Train. The case of the complainant is duly proved from the documents placed on file particularly Railway ticket Annexure C-2 and Fine receipt Annexure C-3. Further the case of the complainant is seems to be genuine as the request of the complainant was declined by the officials/ticket checkers at Railway Station Saharanpur despite that complainant was having ticket of express train i.e. not without ticket. We feel that the request of the complainant was genuine and officials of the Ops should be considered as there was misconception between the parties at the time of taking the railway ticket at Jagadhri Railway Station. However, the complainant failed to file any evidence or affidavit of any other person to prove that officials of the OPs misbehaved with him and snatched Rs. 2000/- so to that extent the arguments advanced by the counsel for the complainant is not tenable. It is not a case of the OPs that complainant was having any personal grudge against the said booking clerk at Jagadhri and due to that filed a false complaint.

10.                   In the circumstances noted above, we are of the considered view that the OP No.1 issued wrong ticket to the complainant and further official of OP No.2 i.e. ticket checker who did not bother to consider the genuine request of complainant without applying their mind properly and compelled to the complainant to pay fine of Rs. 250/- shows their malafide intention due to which the complainant might have suffered some hardship, mental agony and has forced to file the present complaint, hence, in the interest of justice, it would be appropriate to award some relief to the complainant.

11.                   Resultantly, we partly allow the complaint of complainant and direct the OPs to pay a sum of Rs. 3000/- as compensation for mental agony, harassment and litigation expenses etc.to the complainant. Order be complied within 30 days after preparation of copy of this order failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. However, the Railway Department i.e. OPs No.3 & 4 are at liberty to recover the awarded amount from defaulting officials i.e. ticket clerk as well as checkers. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court.  18.02.2016.

                                                                                                (ASHOK KUMAR GARG )

                                                (S.C.SHARMA)                         PRESIDENT,

                                                MEMBER