BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.
Complaint No: 527 of 07.09.2015. Date of Decision: 28.10.2016.
Qimti Lal Jain S/o. Sh. Ram Lal Jain, aged 65 years, resident of Kothi No.27-28, Guru Nanak Nirankari Colony, Sunder Nagar, Ludhiana.
..… Complainant
Versus
- Union of India, Ministry of Railways, 543, Rail Board, Raisina Road, New Delhi.
- General Manager, Northern Railway, Baroda House, New Delhi.
- Station Superintendent, Railway Station, Ludhiana.
- Divisional Railway Manager, Northern Railway, Ferozepur Division, Ferozepur.
…..Opposite parties
Complaint under the Provisions of Consumer Protection Act, 1986
QUORUM:
SH. G.K. DHIR, PRESIDENT
MS. VINOD BALA, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Uma Shanker, Advocate.
For OP : Ms. Vijay Sharma, Advocate.
ORDER
PER G.K. Dhir, PRESIDENT
1. Complaint under Section 12 of the Consumer Protection Act (hereinafter referred as Act) filed by complainant by pleading that he was coming back from Coimbatore Jn to Ludhiana Jn via New Delhi by train No.12625 on 17.06.2014 by holding ticket No.76145805, PNR No.426-2639623 in AC 3 Tier. Complainant was having seat No.1 in B4 coach. When complainant reached at New Delhi on 19.06.2014, then he suffered sunstroke attack resulting in fever at 103 oC and some other problems. Complainant was having no option except to alight from the train. Complainant got his treatment from doctors at New Delhi and thereafter, on 20.06.2014 he boarded in train No.12483 from New Delhi to Ludhiana in AC 3 Tire. Offer for side berth No.24 in AC 3 Tier compartment was put forth. Passenger of seat No.23 also accommodated complainant because he shifted to some other seat. Passenger of seat No.29 was a doctor and he gave further treatment in the compartment itself to the complainant. Other passengers helped the complainant by providing Chadder (sheet) etc. and advising him to take rest. Destination of the complainant was more than 2921 KMs. A Sikh gentleman T.T.E came in compartment and called upon complainant to show his ticket. On seeing ticket, said T.T.E called upon complainant to stand up because passengers have no right to adjust him against other seat. Said T.T.E even proclaimed that as complainant is sick and as such, he will stop the train for dropping him (complainant). Said T.T.E told that he will not allow complainant to travel in his AC coach. Then he marked on ticket as S4 and pushed the complainant from AC coach by claiming that it is his obligation to allow him in sleeper coach, but there were other passengers with general ticket, who were adjusted and allowed to sit in AC coach. Said T.T.E misbehaved with complainant and even used filthy language against him. So by pleading deficiency in service on the part of Ops, it is claimed that matter was reported by complainant through complaint dated 23.06.2014 and also by sending reminder on 22.09.2014 to Ops. This Forum alleged to be having jurisdiction. Compensation for mental harassment of Rs.50,000/- and litigation expenses of Rs.11,000/- claimed.
2. In written statement filed by Ops, it is pleaded, interalia, as if complaint is not maintainable because deficiency in service on the part of Ops is not there and complainant is in habit of raising hue and cry on petty matters for black mailing officials of Ops. Similar complaint of the complainant is pending before this Forum regarding other matter, but concerning travelling in the train. That complaint is on the false facts. It is denied that complainant suffered sunstroke resulting in fever and other problems. However, it is admitted that complainant was having railway ticket for travelling from Coimbatore to Ludhiana via New Delhi. Complainant has not disclosed the name of the doctor from whom he got treatment. It is admitted that on 20.06.2014, complainant boarded in train No.12483 from New Delhi to Ludhiana. There was no seat in 3 AC compartment and T.T.E rightly obliged the complainant by allowing him seat in S4 coach. There is no provision under railway laws to accommodate a passenger against the seat by the co-passenger. So the complainant was not entitled to continue journey in AC III. It is denied that passenger of seat no.29 was a doctor. Name of the said passenger has not been disclosed by the complainant. Complainant started journey on 20.06.2014 from Delhi to Ludhiana. T.T.E rightly called upon complainant to shift to S4 coach. Allegation of misbehavior with complainant denied specifically. Rather it is claimed that complainant himself is guilty of misbehavior and misusing the rendered services. Admittedly, complainant sent complaint, but same was duly replied vide letter No.1090 dated 01.10.2014. Each and every other averment of complaint denied.
3. Complainant to prove his case, tendered in evidence affidavit Ex. CW1/A along with documents Ex. C1 to Ex. C3 and then, counsel for complainant closed evidence.
4. On the other hand counsel for Ops tendered in evidence affidavit Ex. RA of Sh. Roshan Singh, Sr. Divisional Manager, Northern Railway, Firozpur along with document Ex. R1 and then, closed evidence.
5. Written arguments not submitted by any of the parties. Oral arguments heard and record gone through carefully.
6. Ex. C1 is the railway ticket produced by the complainant to establish that he purchased ticket for travelling in AC III compartment from Coimbatore to Ludhiana via New Delhi. This journey was to be through train No.12625 commencing w.e.f. 17.06.2014 and was to end on 19.06.2014 as per Ex. C1. However, as per allegation of complaint and affidavit Ex. CW1/A, complainant reached New Delhi on 19.06.2014 and has to get down from the train due to suffering of sunstroke. Incase complainant has to alight at New Delhi station on 19.06.2014 due to sufferance from fever, then this fault is not there on the part of Ops or its officials.
7. Grievance of the complainant is that on 20.06.2014 he boarded in train No.12483 from New Delhi to Ludhiana and with the help of two persons he got a seat No.24 (side berth). Further as per contents of complaint, affidavit Ex. CW1/A and complaint Ex. C2 (lodged by complainant with General Manager of railways), occupant of seat No.23 shifted to other seat, but occupant of seat No.29 gave complainant food and medicines. So if these allegations taken into consideration, then it means that as per claim of complainant, he was adjusted against seat No.24 in train No.12483 on 20.06.2014 by the co-passengers. Certainly there is no provision in the railway by laws as per which co-passenger can accommodate another passenger against a particular seat. So if a co-passenger offered seat No.24 to complainant, then he has no right to occupy that seat just because of the offer made by the co-passengers. It is not claimed by the complainant that seat No.24 was allotted to him by the T.T.E or any other railway employee and as such, virtually complainant occupied seat No.24 without authorization by railway authorities or its employees. So if T.T.E asked complainant to get up from that seat, then the same was not an act of misbehavior at all. Rather Ex. R1 is the ticket produced by Ops to establish that T.T.E adjusted complainant in S4 compartment by making endorsement thereon. This endorsement of S4 exists on Ex. R1 itself and as such, it is not a case in which complainant was not accommodated. Rather complainant was accommodated at the available seat in S4 compartment despite the fact that he travelled through train No.12483 from New Delhi to Ludhiana on 20.06.2014, albeit the scheduled time of arriving at Ludhiana Junction of train No.12625 was 19.06.2014 as revealed by Ex. C1 as well as Ex. R1 each. In view of providing of this accommodation to complainant, deficiency on the part of Ops certainly is not there and as such, complaint merits dismissal. Rather due services provided by TTE of Ops to complainant.
8. As a sequel of above discussion, complaint dismissed without any order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
(Vinod Bala) (G.K. Dhir)
Member President
Announced in Open Forum.
Dated:28.10.2016.
Gobind Ram.
