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IN THE CONSUMER DISPUTES REDR`SSAL COMMssiON,
Present
THRISSYRY
Sb President
Sri. C.T.
Dr. K. Radliakrishnan Nair, Meiher4
Smt. SreejSMember
S day of Janudal 202r
CC435/14 filed on 02/08/2014.
Complainants 1 ) M.M. Babu, Malayil Kalappurakkal IIouse,
Kundukkad P.O.. Thrissur.
2) P.S. Gecorge, Puthen Vecdu,
South Kondazhy P.O., Thrissur.
3) K.M. Joy. Kalappurakkal House,
Kundukkad P.O., Thrissur.
(By Adv. A.D. Benny, Thrissur)
Opposite Parties 1) Station Suprand, Wadakkanchery Railway Station.
P.O. Wadakkanchery, Thrissur.
2) Senior Divisional Commercial Manager.
Senior Divisional Commercial Branch, Palakkad,
Pin 678 002.
(By Adv. P.s. Ajithkumar. Thrissur)
ORDER
By Dr.K. Radhakrishnan Nair,Membe
Gist ofthe Case:
three in numbers. Opposite parties are Station
Complainants are
and Senior Divisional
Superintendent of Wadakkanchery Railway Station
booked three in the
Commercial Manager. Palgha. Complainants had seats
No. 16347 in order travel from Wadakkanchery
Mangalore Express Train to
Rs.705/- towards ticket charges. 02473549 is
Payyannur on 09/10/2013 paying
3.20 AM. As alleged. the
the Ticket Number. ArTival time of the train was
Wadakkanchery Railway Station before the
complainants though arrived at
could travel scheduled due to the
Scheduled time to board the train they not as
As announced the
callous and iresponsible functioning of the opposite parties.
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U not specity what time the train will
ua aisAateeposite parties could
at
of waiting no inlormation was available and they
urriwe. Even'afier fonpurs
ad iTjng ou mdCutemate ways to travel. In the meantime somebody
nfpmed. them tha,there are trains available from Shomur. Inmmediately they
reShorqur,apd tot train to Payyannur. It learnt that the train in
a was
dspurtekas Mánsby five hours. The most pathetic aspect that the staff was or
oficials at Wadakkanchery Railway Station were unable to say anything other
than the fact of late coming only. Complainants were totally in dark and were
confused to do what next for certain time ? The request for refund of ticket
charges was also refused without any valid reasons. According to the opposite
parties the ticket had to surrender and get the Ticket Deposit Receipt before
three hours of leaving the train from the station in the case of late coming trains.
Moreover, the urain must be late at least for three hours.
2) Complainants seriously allege that the office of the I opposite party
was noi equipped and was unable to provide the required information to the
complainants as well as passengers to convey the correct information with
regard to the timings of arrival or leaving of trains. As stated carlier in the
absence of any other alternative only they had to go to Shornur Railway Station
to board any train available at the earliest. The acts of opposite parties such as
late running of the train and not keeping the punctuality in the scheduled
timings of arrival and leaving inability of giving correct information to the
passengers including complainants and also not allowing the refund of the
Ticket charges are very serious lapses tentamounling to deliciency in service.
Aggrieved by the above acts, a lawyer notice was sent to the opposite party but
of no avail.
Therefore it is prayed that this Hon'ble Commission may be pleased
to allow ticket refund charges as well as Rs.10,000/ cach to
complainants
towards compensation besides court costs.
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3) Admitted the case and ordered notice to oppositearties. Versiona
filed through counsel. Besides categorical denial of ceriatn allegations, opposie
law or on tacis.
parties specifies that complaint is not maintainable éiüher in
Opposite parties are not liable to pay any compensation or cost. Compiant
lne
not bonafide but for unjust enrichment. Railways is àwned and.3.".i
managedby
Govt. of India and if such claims are entertained, it would dräín the national
**
Section B(1)
exchequer in no time. Consumer Forum lacks jurisdiction as per
Section
(b) and Section 15 of the Railway Claim Tribunal Act 1987. As per
is necessary party.
S.80 CPC General Manager of Southern Railway a
Rule 306 of IRCA
Complaint is bad for non -
joinder of necessary party. As per
not liable to pay
Coaching Tariff Part Volume opposite parties are
follows.
compensation which prescribes as
Reserved, accommodations not guaranteed Railway
4) Rule 306
accommodation whether scats, berth,
Administration do not guarantee reserved
particular train and well admit no
compartments coaches or carriages, by any
inconveniences, loss or extra expenses due to such
claim for compensation for
accommodation not being provided or attached to times by wvhich asked for. As
liable to pay any compensation to the
such these opposite parties are not
complainants.
5) Complainants cannot be considercd as consumers as they had opted to
travel by train. Late running of train No.16347 express was due to unavoidable
operational reasons. When trains arc late by more than three hours. passengers
are granted full refund, if they choose to cancel their tickets or they can prefer to
travel by the same train for cancellation such passengers need to surrender their
original tickets the booking counter. Complainants are put to strict proof of
to
their claim that they had approached oficials and travelled by anouher train
from Shornur. Information is given to the pasengers as well as displayed on the
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NSU
nokeboárd also süubmitled that no other complaints have been received abou
aglakkanchery stationon that day. The complaint is frivolous and made with
Jerior motives. Therefore, the complaint may be dismissed with costs to the
oppesite parties.
REDR:: **
easeinosted for evidence. The following points considered 1or
final disposa.
a) ls there any deficiency in service the part
on
of opposite parties?
b) If yes, what are the reliefs and costs?
7) Both parties submitted their proof aflidavits, documents, argument
notes and heard them in detail. Oral evidence was also tendered. From the
complainants' side three documents were filed that are marked as Exts. PI to
P3. Ext. PI is the copy of the Ticket Booked (480-9648965); Ext. P2 is the
lawyer's Notice dtd. 14/06/14; Ext. P3 is the reply notice issued by 2" opposite
party. From the opposite panties side Ten documents are marked as Exis. RI to
RIO.
Ext RI is letter dtd. 16/12/13 by the
2 opposite party to the 1
complainant and Local BPT Retums; Ext. R2 is the copy of RT Act 1987
Section 13 & 15 & Complaint Book; Ext. R3 is the letter dtd. 17/07/14 by 1he
2 opposite party; Ext. R4 is the copy of IRCA (Indian Railway Conference
Association Coaching Tariff No.26); Ext. R5 is the copy of Time Table; Ext. R6
is the letter dtd. 11/12/14 by KT Sreenivasan CCC/BO/WKI; Ext. R7 is the
letter dtd. 18/12/14 by A.K. Pramod MT III 1281; Ext. R8 is the copy of the
letter dtd. 15/12/14 by Station Superintendent; Ext. R9 is the detention position
kept by the operating branch and Ext. R1O is the copy of the 55" Railway week
award to Shri. K.T. Srecnivan Sr. CCITCR.
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Oral Evidences:
1) Deposition of complainants is marked as Ext Py
2) Deposition of Opposite parties' representaiýe (Natarajaný ns, ruarked
is RWI
3) Deposition of opposite parties' representativg{MrPramodALYIS
marked as RW2.
is marked
4) Deposition of opposite parties' representative (Sreenivasan)
as RW3.
8Appreciationof Evidence and
We have examined proof aflidavits filed by the complainants
notes documents
employees of the opposite parties. Apart from this argument
have
and points raised during final hearing of both parties. Opposite parties
The late running of the
admitted that the tickets in disputes are issued by them.
for such a late
train as stated by the complainants is also admitted. The reason
unavoidable and safety measures of the
running is explaincd as "due to some
in
Railways. Because the Railway has to take all the precautionary measures
reliable lives of public and it is
running the trains and the railways are carying
trains".
the duty and responsibility of maintaining the safety of the running
While realizing the great responsibility lies up on them it is the pious duty of the
explain the exact reasons for the late running. In the instant
opposite parties to
case the opposite parties have miserably failed to convince this Hon'ble
Commission the exact cause of the late running. What are the unavoidable and
safety measures faced and there by undertaken have remained unexplained.
creating a vacuum and also alarm and anxicty to this Commission. Today Indian
Railways are the Indian Govemment in miniature. Good in quantity but poor in
quality. Every day they weave a nation logether. In 2015-16 they sold 806
billion tickets. which translate in to roughly seven journeys per person per year.
A nation is on the move, thanks in part to the Railways. The poorest Indian is
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tickets are cheaper than almost anywhere in the world
,mobile' becau[e railway
Gurucharan Das while introducing the book
his is the good hows. Mr. on
INDTAN RAILWAYS- The weaving of National Tapestry written by Bibek
a
Debroy and two ohers- Penguin Random House India Publication in the year
a
inellicient
017 continiues disclose the bad
.
to news that the Indian Railways are
hopelésslsarer manned, utterly politicized sometimes cormupt and provide
shoddy callous service: He also sometimes fecls that the purpose of Indian
Railway is not to serve customers but to tend to the comforts of the 1.3 million
employees who have jobs for life. Employees account for the 50% of the
Railway costs in India. The above quote is just taken to high-light that there are
such remarks also to which this Commission is not prepared to vouch or
comment. History need not necessarily be repeated also. However this
Commission is neither complaisant enough nor complacent to accept that the
opposite party as a service provider discharged its role efficiently.
9) The legislative assembly of the Govt. of India considered the
recommendations of the Acworth Commitee in 1924. William Acworth was
quite a Railway Expert. Most people only quote a paricular Section from the
Acworth Committee Report. Which says "We do not think that the Indian
Railways ecan be modermized, improved and enlarged so as to give to lIndia the
Service which it is in crying need at the moment.
Gone are those days of such misapprehension and there are improvements
but there are further scope for more improvements.
10) In particulars, on verifying the deposition of PWI there are no
contradiction with the pleadings in their plaint. Deposition of' RWI admits that
train was late more than 6 hours. Also admits that there is no mention of
specilic reason of late running in the allidavit. At the same time he points out
that the exact reason for the late running is known to the Railway and opposite
6
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to serious
Il ihe reason Is known to them and its non-disclosure amounts
parties.
nlioimvewnjow1
lapse on the part of opposite parties. RW2 or oayloyo
eh0/0nd
amnunb hloym RW3 onh paylojo nlloomauinjow
lom
evidence on the part ofopposite parties
1) In the absence
of any contra
due to a genuine reason beyond the çontrol
to establish that
the late running was
this Commission has no
subordinates,
their
of the Southerm Railway officials or
alone only. In a
fix the blame on the opposite parties
other altermative but to
Kumar, IV (2014)
Vs Manoj
less similar case G.M. Northern Railways
m o r e or on
on internet
the complainants
CPJ 559%NC) where
ticket was booked by
15/03/2013. Least expected
cancellation further extended till
14/02/2013 and of train in
cancellation
to intimate the complainants about
from the Railway was
train.
station to board
trouble to visit railway
order to save him of unnecessary
awarded.
was rightly
deficiency was proved and compensation
In this case
of train for more than 6 (six)
above case, the late running
12) As in the
in 1he normal course. Complainants were kept in
to cancellation
hours is cqual
of such actionable wrongs the
information. In the case
dark without any
under the Consumer Protection Act.
The
complainants have an eflective remedy
and lack jurisdiction and applicability of Rule 306 of
questions of consumer of
I devoid of any merits and answered in
coaching Tariff part I Vol
are
ICRA
in service on the part of opposite parties
negative. Having proved the deficiency
entitled to relief and opposite parties are liable to pay the
the complainants are
mental agony suflered by the complainants.
relief considering the hardships and
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thousand
Reliefs and costs: (Rupees
Five
directed to pay Rs.5,000/-
Opposiie paties
are
ticket charges
Refund of
as compensation.
complainants
/oy) each the us
to as
of that amount
awarded will take care
compensation
are disallowed aîmce The made within 30 days
from the
1 this order shall be
weH.The, compliangof 12% interest
on the
to comply will carry
receipl of this.ordéy Failing allowed
from the date of complaint. Complaint
cOmpensation amoynt
No order as to cost.
accordingly.
Dictated to the Confidential Assistant, transcribed by her, corrected by
2021.
me and pronounced in the open Commission this the 15 day of January
Sd/ Sd/-
Sd
Srecja S Dr. K. Radhakrishnan Nair C.T. Sabu
Member Member President
Appendix
Complainants' Exhibits:
Ext. Pl copy of the Ticket Booked (480-9648965)
Ext. P2 lawyer's Notice dtd. 14/06/14
Ext. P3 reply notice issued by 2 opposite party
Complainants' Witness:
PWI M.M Babu
OppositeParties Exhibis
Ext RI leter dtd. 16/12/13 by the 2d opposite party to the T complainant and
Local BPT Returns
Ext. R2 copy of RTAct 1987
Section
Ext. R3 letter dtd. 17/07/14 by the
13 & 15& Complaint Book
2 opposite party
Ext. R4 copy of IRCA (Indian Railway Conference Association Coaching Tarifr
No.2 )
Ext. R5 copy of Time Table
Ext. R6 letter dtd. 1 1/12/14 by KT Sreenivasan CCC/BO/WKi
Ext. R7 leter dtd. 18/12/14 by A.K. Pramod MT III
1281
ExL. R8 copy of the letter dtd. 15/12/14 by Station Superintendent
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Ext. R9 detention position kept by the operating branch,
Ext. R10 copy of the 55 Railway week award to Shri. K/T. Sreentvan
Sr. CC/TCR.
Opposite Parties' Witness
RW INatarajan
RW2 Pramod A.K. TH 5
RW3Sreenivasan
Id/
Member
iTrue copy//
Senior Superintendent
Th-ie sur
F e cetified copy CNPF
S1al No of the Aprirgt nn.
Dale of receipt of * i.
ama ofthe 3r; "
of -
Dce of is
By Hand
By Pust
Senior Superinténdent
Fcrum
Consumer disputes Redressal
Ayyraple Thrssur
0487 2301i
