BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

            Dated this the 5^th day of May 2018

                                                                                                Filed on : 01.07.2016

PRESENT:

Shri. Cherian K. Kuriakose,                                        President.

Shri. Sheen Jose,                                                        Member.

Smt. Beena Kumari V.K.                                             Member.

                        C.C.No. 380/2016

                                Between

                                                      O R D E R

Sheen Jose, Member

1. The case of the complainant  is as follows:

The complainants decided to undertake a pilgrimage to Velankanni and for which purpose they booked 2 sleeper class tickets in train No.16188 Ernakulam Junction- Nagapattanam, Karaikal Express with a journey dated on 25.11.2015.  The tickets were booked as early as on 10.09.2015 with PNR No. 4524255663 for the onward journey. As scheduled the complainants boarded the train at Ernakulam junction on 25.11.2015 and occupied their respective seats. While so, between Ernakulam junction and Angamaly on travelling, the ticket examiner approached the complainants and demanded their tickets for verification. After checking the tickets, the TTE demanded the 1^st complainant to show the ID proof.  The 1^st complainant, accordingly, handed over a copy of his Driving License bearing No.7/1823/1996 dated 26.06.2014 issued by the Assistant LA, Ernakulam and the said license was valid up to 15.02.2018. However the concerned TTE was not satisfied and he insisted that the original of the driving license is required to be produced and it was then that the 1^st complainant suddenly realized that in his pre-occupation and mental worries about their travel to Velankanni and back, he had omitted to take the original of the ID card and, therefore, told the TTE in a very polite manner that he had forgotten to take the original of the said Driving Lincence and that he might be excused for the omission on his part. The travelling ticket examiner behaving rudely and started shouting at the complainants.  The TTE was talking in a most humiliating and indecent manner in front of the other passengers. He also stated that the complainants were treated as ticketless passengers and that the complaints should pay an amount of Rs.925/-. The TTE had no consideration on the age and status of the complaint and the complainant was left with no alternative, and unable to bear the threat and humiliating conduct of the TTE, the complainants paid the amount of Rs.1,425/- and a receipt bearing No. 095510 dated 25.11.2015 was also issued.  The complainants submitted that after receipt of the cash as above, the complainants were allowed to travel by the same train in the same seats/berths, without any original ID proof. It is also submitted that there is no condition in the tickets that a genuine passenger with a valid ticket would be treated as ticketless traveler nor is there any condition that the full amount would be charged plus penalty for travelling again without an original ID proof, that too, on the same seats/berths for which they had already paid. The complainants submitted that there are no provisions in the rules to treat a person with a valid ticket as a ticketless traveller.  At any case, if he could still be treated as a ticketless traveler, not conceding, the original ticket should be cancelled by the TTE and the amount refunded to the parties concerned.  There is nothing to indicate in the ticket that the amount already remitted for travelling by the complainant for the very same seats would be forfeited for want of an original ID proof.  In the circumstances, the TTE should have refunded the amount which was originally collected. The complainant served a lawyer notice to the 1^st opposite party and the opposite party replied refusing to return the amount collected. Thus the complainant is before us seeking directions against the opposite parties to get an amount of Rs.50,000/- as compensation  to the complainants and also seeking refund an amount of Rs.1422/- the amount collected by the TTE for travel from Ernakulam Junction to Nagapattanam. Further the complainant seeking costs of the proceedings from the opposite parties.  Hence this complaint.

2)      Version filed by the opposite parties is as follows:

There is no deficiency in service or defective service, negligence or lapse on the part of any of employees or railway administrations. The TTE had only acted strictly in compliance with the Railway rules and instructions issued by the railway authorities while travelling in train a passenger is required to produce original of the ID proof. The averment in paragraph 3 is not disputed.  The complainants were issued with tickets at Ernakulam North reservation office on 10.09.2015 for travelling from Ernakulam to Nagapatnam by Karaikal express.  While so, one TTE who had boarded the train between Ernakulam Junction and Angamali came to the complainants and demanded their tickets.  It is true that the TTE had demanded the tickets for scrutiny.  After checking the same the TTE demanded the 1^st complainant to show the original ID proof and the 1^st complainant handed over a copy of the driving licence bearing no 7/1823/1926 dated 26.06.2014 issued by the Assistant LA, Ernakulam.  It may be seen from the rules regarding penalties imposed for various irregularities issued as per Section 138 of Railway Act which has been produced by the complainants themselves along with the complaint.  As per Serial No.21 reserved PRs (Passenger Reservation System) ticket holders travelling without ID will be treated as travelling without ticket and charged as per rules.  Serial no. 1 clearly deals with travelling without proper pass or ticket.  In the instant case, the complainants started the journey from Ernakulam Junction.  The TTE also boarded the train from Ernakulam and by the time the train reached Aluva, TTE demanded the tickets for verification from the complainants. On the scrutiny of the ticket it can be seen that there is an inscription in the tickets itself “valid with the original ID”. So the ticket issued clearly indicated that the ticket is valid only if it is accompanied with original ID when it is given for scrutiny.  The TTE by the time train reached Aluva requested the complainants to handover the ticket for scrutiny.  TTE also requested to show the original ID of the 1^st complainant.  The 1^st complainant admitted that he had forgotten to take the Original Driving Lincence and he may be excused for the omission on his part.  In paragraph 8, the 1^st complainant in unequivocal terms admitted that he had omitted to take the Original ID card, at the time of inspection he was having only photocopy of the ID card.  Since it was not in accordance with the rule, TTE had no other option but to collect the excess fare stipulated as per the rules.  Hence the TTE had collected the excess charges Rs.250/- plus the ordinary single fare for the distance which he has travelled ie., Rs.140/- as per Section 138 of Railway Act.  The excess charges of Rs.500/- + Rs.280/- is meant for the travel from Ernakulam to Aluva only.  Since the complainant expressed his willingness to continue their journey, to Nagapatnam, extension of journey has been given after collecting the actual fare due for the distance of the extended portion duly giving reference to the previous journey ticket. Section 55 of Railway Act stipulates that any one should pay the fare payable for distance travelled another fare for two persons travelled from Aluva to Nagapatnam Rs.650/- to be collected. The averment that the TTE was talking in a most humiliating and indecent manner in front of the other passengers is an incorrect statement. The TTE acted only as per the rules and regulations of the Railway Department. The TTE had informed the complainants that the travelling without original ID rendered the ticket invalid and they would be treated as the passengers without ticket as per the rules. As per the extent rules, the TTE had no other option but to collect the excess charge as per the rules, otherwise, he will be found fault with for the infraction of rules. The TTE had not collected any amount other than the amount stipulated as per the rules for which due receipt was also issued to them.  The complainant was to pay excess dues for his own fault for not producing the original ID and TTE collected the excess amount as per the extent rules. The complainant had sent a legal notice to the opposite parties and a reply was sent to the complainant on 27.01.2016. It is submitted that there was no deficiency in service on the part of the opposite parties and their action was perfectly as per Railway Rules, policy and guidelines. Hence in the interest of justice, it is prayed that this Forum may be pleased to dismiss the complaint with costs.

3)      Evidence in this case consisted of no oral evidence adduced by both complainants and the opposite parties. Exbt. A1 to A7 were marked on the side of the complainants and Exbt.B1 to B5 were marked on side of the opposite parties. Heard the learned Counsel for both parties.

4)      Issues came up for consideration are as follows:

1. Whether the complainants have proved any deficiency in service or unfair trade practice on the side of the opposite parties?
2. Whether the opposite parties are liable to pay an amount of Rs. 50,000/- to the complainant towards compensation?
3. Whether the opposite parties are liable to refund the amount of ticket fare plus penalty of Rs. 1425/- to the complainant?
4. Whether the opposite parties are liable to pay costs of the proceedings to the complainant?

4)      Issue Nos. (i) , (ii) and (iii)

          The complainants alleged in their complaint that the opposite parties forcefully collected an amount of Rs.925/- as penalty charges while travelling from Ernakulam to Nagapattanam on 25.11.2015.  The complainants stated in their complaint that they had valid tickets with them for travelling that were booked on 10.09.2015.  In between Ernakulam Junction and Angamaly the TTE came to the complainants and demanded their tickets and the complainants showed their original tickets for scrutiny. After checking the same, the TTE required the 1^st complainant to show the ID proof. As per the instruction from the TTE, the 1^st complainant handed over the copy of his driving licence. The TTE was not satisfied as he had produced only a copy of driving licence instead of the original driving licence which is required to be produced and it was then that the 1^st complainant suddenly realized that in his pre occupation and mental worries about their travel to Velankanni and back, he had omitted to take the original of the ID card. The same was informed to the TTE and the TTE suddenly started behaving rudely and started shouting at the complainants and stated that the complainants were to be treated as a ‘ticketless passengers’ and the complainants has to pay an amount Rs. 925/-.  At that time, the complainant was compelled to pay an amount of Rs.1425/- which included Rs.925/- as ticket fare and Rs.500/- towards penalty charge. The complainant submitted that the above said act of the opposite parties and indecent conduct of the responsible employee amounted to serious deficiency in service. The opposite parties clearly replied in their version that they acted only as per the rules and regulations of the Railway Department. No deficiency or unfair trade practice on the side of the opposite parties.  They pointed out that Exbt. A1 and Exbt.B1 Railway tickets of the complainants could be seen that there is an inscription on that “valid with original ID”. So the tickets reserved clearly indicate that the tickets are valid only when it is accompanied with original ID when given for scrutiny.  In this complaint the complainants admitted that they could not produce the original ID proof. The 1^st complainant clearly stated that he had handed over only a copy of the driving licence to the TTE at the time of scrutiny. Moreover Exbt.B4 rules regarding penalties imposes for irregularities serial No. 21 clearly indicated that reserved PNR ticket holders travelling without ticket and charged as per the rules. In this case, Exbt.A1 and B1 clearly shows that railway demanded original ID proof for their travellers at the travelling time.  In the fact and circumstances, we could not find any deficiency in service or unfair trade practice happened on the side of the TTE that he imposed the penalty charges to the complainants. The TTE had acted only as per the rules and regulations of the Railway Department. We are of the opinion that as an employee and as a disciplined officer he is bound to strictly adhere to the rules and regulations of the Railway Department.  The complainant further alleged that the TTE had behaved rudely and started shouting at the complainants in front of the other passengers.  Except for the above allegation made by the complainants, he could not produce any substantial evidence to prove the same. In the absence of such evidence, we discard the above said averment of the complainants.  In the facts and circumstances of the case, we are of the opinion that the opposite parties are in no way liable to pay any compensation or to refund penalty charges to the complainants. The complainants miserably failed to prove any deficiency in service or unfair trade practice on the side of the opposite parties.

5)      Issue No. (iv)

Having found the issue Nos. (i) to (iii) against the complainants we are not inclined to consider and decide issue No. (iv).

8)      In the result, we find that this complaint is liable to be dismissed and is accordingly dismissed.

Pronounced in the open Forum on this the 5^th day of May 2018.

Sd/-Sheen Jose, Member.    

                                                                 Sd/-Beena Kumari V.K., Member.

                                                Sd/-Cherian K. Kuriakose, President.   

Forwarded by Order

Senior Superintendent

APPENDIX

Complainants Exhibits

Opposite party's Exhibits:             

Date of Despatch        :

                   By Hand    :

                   Post  :

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