State Consumer Disputes Redressal Commission
Sr.Divisional Commercial Manager vs Parasmal Jain on 29 April, 2023
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. First Appeal No. A/405/2018 ( Date of Filing : 14 Mar 2018 ) (Arisen out of Order Dated 21/10/2017 in Case No. Complaint Case No. CC/607/2015 of District Bangalore 3rd Additional) 1. Sr.Divisional Commercial Manager Bangalore Division, South Western Railway, Bangalore-560023 Karnataka. ...........Appellant(s) Versus 1. Parasmal Jain S/o Late Pukhraj Jain, No.19/1, 13th cross, 8th Main road, Wilson Garden, Bangalore-560029. 2. Smt.Prem Devi W/o Sri Parasmal Jain No.19/1, 13th cross, 8th Main road, Wilson Garden, Bangalore-560029. 3. Smt.Sneha D/o Parasmal Jain No.19/1, 13th cross, 8th Main road, Wilson Garden, Bangalore-560029 4. Sohanlal Sankhla S/o Late Simharam, No.3,1st floor, 6th cross, 5th block, Banashankari 3rd stage, Bangalore-560085. 5. Chanchal Sankhla W/o Sohanlal Sankhla, No.3,1st floor, 6th cross, 5th block, Banashankari 3rd stage, Bangalore-560085. 6. Vijay Sankhla S/o Sohanlal Sankhla No.3,1st floor, 6th cross, 5th block, Banashankari 3rd stage, Bangalore-560085. 7. Ajay Sankhla S/o Sohanlal Sankhla No.3,1st floor, 6th cross, 5th block, Banashankari 3rd stage, Bangalore-560085. 8. Surajmal S/o Late Simharam, No.3,1st floor, 6th cross, 5th block, Banashankari 3rd stage, Bangalore-560085. 9. Piyari Devi W/o Surajmal No.3,1st floor, 6th cross, 5th block, Banashankari 3rd stage, Bangalore-560085. ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE Huluvadi G. Ramesh PRESIDENT HON'BLE MR. Krishnamurthy B.Sangannavar JUDICIAL MEMBER HON'BLE MRS. Smt. Divyashree.M MEMBER PRESENT: Dated : 29 Apr 2023 Final Order / Judgement Date of filing:14.03.2018 Date of Disposal:29.04.2023 BEFORE THE KARNATAKA STATE CONSUMR DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH) DATED: 29th Day of April 2023 PRESENT Mr. K B SANGANNANAVAR: JUDICIAL MEMBER
Mrs.M.DIVYASHREE : LADY MEMBER APPEAL NO. 405/2018 ORDER BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER This is an appeal filed by OPs in CC/607/2018 on the file of III Additional Bangalore Urban District Consumer Disputes Redressal Forum aggrieved by the order dated 21.10.2017.
The Commission examined grounds of appeal, impugned order, appeal papers and heard learned counsels.
The brief facts of the case of the complainant before the Forum below would be: The Complainants decided to go on trip to Haridwar, Jammu Tawi, Amritsar, Jaipur and Ajmer in the month of February 2014 and in that context booked tickets from Bengaluru and obtained circular ticket confirmed by Railway Authority. Accordingly, they proceed on trip reached Amritsar on 21.02.2014 and when they further intend to proceed to go to their next destination Jaipur in train No.19614 came to know, such train was not available for which railway ticket was issued in Bengaluru. In this regard they approached Amritsar Railway Authorities and complained about the issue and they instead of solving the issue raised by the complainants made them to go around here and there with huge luggage in order to get permission from several officers and after long time ticket collector came and told there was no such train bearing No.19614 to go to Jaipur and admitted that it was their fault for issuing wrong tickets and he made arrangement for an alternative trains and told them to board three trains which will eventually take them to Jaipur. The complainants with no other option forced to board the trains and reluctantly went to Jaipur by changing three trains on the said route. Though they had booked for a direct train with good facility to travel from Amritsar to Jaipur, were forced to board three local passenger trains on different platforms to reach Jaipur that too at mid nights carrying heavy luggage in that chilled weather, while in this process reached Jaipur 10 Hours late at 5:30pm on 22.02.2014. Due to this situation were physically and mentally exhausted could not stay and enjoy services of previously booked hotels and cabs. The money paid to the hotels and cabs were wasted. They also paid money for cabs and other hotels. They had to catch a train to Ajmer from Jaipur on the same day at midnight 12:00am. They were unable to visit site sight scenes in Jaipur. All the programs which they planned for in Jaipur with the family were cancelled due to the inconveniences caused by the Railway Authorities. They were disappointed because they were unable to enjoy the trip to their satisfaction.
In the above such facts they raised a consumer complaint praying to pay compensation of Rs.4,50,000/-by issuing legal notice and the OPs put their appearance through learned counsel submitted their version contending that the very purpose of issuing the circular journey ticket extending reservation charges is to allow the passengers to opt for trains of their choice and make reservations in trains which are convenient to them. The Train No.19614 did not exist. The complainants had obtained reservation on 30.12.2013 at Bangalore for train No.19614 of 21.02.2014 to travel to Amritsar to Jaipur and as on 30.12.2013 train no.19614 was in operation and the officials were able to issue ticket through computerized reservation system for journey commencing on 21.02.2014. However, due to Winter season and consequent foggy conditions over Northern India, which is a natural phenomena and beyond the control of the OP, Railways had decided to cancel the operation of train no.19614 along with several other trains from 29.12.2013 to 16.02.2014 in the larger public interest, taking into account the safety of the passengers to avoid inconvenience to the travelling public. Wide publicity was given regarding cancellation of train to the travelling public vide press release dated 25.10.2013 and same was published in several print/electronic media. Information regarding cancellation of train was also notified through several news channels. Copy of the press release dated 25.10.2013 was given regarding extending of cancellation of train no.19614 from 16.02.2014 to 21.02.2014, again on account of prevailing foggy conditions over North India. As on 30.12.2013, the date on which reservation was obtained by the complainants in respect of train no.19614 was in operation. The cancellation was not deliberate or intentional. If weather conditions do not permit the operation of trains, the OP cannot take the risk and put the passenger's life at stake. In this regard. Travelling public was also informed well in advance through electronic media; public address system at stations and information was also uploaded on Railway Official Website. The OPs were not at fault or not liable to pay compensation to complainants.
In view of rival contentions of the respective parties the Forum below held an enquiry by receiving affidavit evidence and documents, thereby held complainants have proved the alleged deficiency in service on the part of OPs and awarded compensation to each of the complainants by passing impugned order which is now in this appeal contending that the claim of the complainants that railways issued reservation tickets with respect to train which did not exist. The complainants have obtained the journey cum reservation ticket from Amritsar to Jaipur for their travel on 21.02.2014 and as on 30.12.2013 train No.19614 was operational on 21.02.2014. The reason for cancellation of the train was due to foggy condition during the month of December, January and February. The OPs had issued the notification regarding the cancellation of express train during the period, well in advance which was well within the knowledge of the complainant when they had obtained their train from Ajmer to Jaipur in train no.19614 was not considered by the Forum below. The Forum below failed to note that the first notification was issued during the month of October 2013, when the reservation ticket was obtained on 30.12.2013 and as per the notification the train no.19614 was in operation and it was in exist. The complainants being well aware of the fact that the trains by which they were travelling was cancelled due to weather condition up to 16.02.2014 and there is every possibility for extension of the cancellation of train if the foggy condition continues. No liability can be fasten on the railways either for delay or for cancellation in running of trains, yet the Forum below failed to consider the Rule 115 which provides for Railway Coaching Tariff, regarding punctuality of trains. The Forum below committed grave error in appreciating the evidence placed by the OPs in right perception. The Forum below committed grave error in passing impugned order which is liable to be set aside.
Now the Commission has to decide whether impugned order passed by Forum below in CC/607/2015 dated 21.10.2017 does call for any interference for the grounds set out in the appeal memo?
It is an admitted fact that complainant nos.1 to 9 have booked circular tickets in the month of 2014 to go on a trip to Haridwar, Jammu Tawi, Amritsar, Jaipur and Ajmer. It is also not in dispute that their travel would be as per schedule to reach Amritsar on 21.02.2014. It is an admitted fact that as per schedule they reached Amritsar on 21.02.2014 and from Amritsar their next journey would be to reach Jaipur in train No.19614 as per railway tickets obtained by them from Bengaluru Railway Authority. It has come in the enquiry when they reached Amritsar train no.19614 as told by railway ticket collector was not in exist or not in operation. It is not that the said train was not at all in operational as on the day when they reached Amritsar it was informed train no.19614 was cancelled, which could not be available for these complainants to travel from Amritsar to Jaipur as scheduled should have been informed well in advance before they proceed to the said trip as scheduled under the circular ticket.
It has come in the enquiry that the railway authority made an endorsement on the tickets obtained by complainants to allow them in First Class A/c Coach which could not be possible for them to travel in First Class A/c Coach to reach Jaipur from Amritsar in 03 different trains, suffice to hold that OPs rendered deficiency in service in respect of the booked circular tickets obtained by complainants to go on a trip to Haridwar, Jammu Tawi, Amritsar, Jaipur and Ajmer. According to OPs train no.19614 was cancelled due to winter season consequent upon the foggy condition over Northern India which is a natural phenomenon and beyond their control. In our view, if this could be acceptable could have informed well in advance before they start the trip journey through SMS either to the cell number submitted by them at the time of obtaining circular tickets in Bengaluru City in the month of February 2014. In our view, if such information was given to the complainants the situation would not have been arisen to suffer at Amritsar railway station at an odd hour to go around the Ops personnel as stated and alleged in their complaint. In other words, it can be inferred cancellation of train no.19614 was shown surprised to the complainants; as such it was rightly dealt by Forum below. The Forum below rightly observed event of cancellation of train no.19614 from 29.12.2014 to 16.02.2014 ought to have been informed to the complainants by sending SMS to their cell phone and inform well in time as OPs have not taken any such action are to be held rendered deficiency in service.
The contention of appellants/OPs that information regarding cancellation of trains was also notified through several newspapers and further notified through press release dated 25.10.2013 and another press release regarding extension of cancellation of train no.19614 from 16.02.2014 to 21.02.2014, again on account of prevailing foggy conditions over North India is not at all proved, since appellant/OPs affidavit evidence of Mr.Sridharmurthy, Senior Divisional Commercial Manager and placing of the copy of Northern Railway Plans for cancellation does not come to appreciate their actions. In other words, as found from enquiry the appellants were placed one and only documents i.e., Northern Railway Plans for cancellation which in our for the reasons recorded by the forum below does not come to the assistance of appellants to contend that the Forum below has failed to appreciate materials on record in right perception. Further to be noted herein that as appellants/OPs have miserably failed to prove information of cancellation of booked train well in advance at least before they are proceeding to take trip through SMS to their cell phone sufficient to hold that they were at fault which amounts to rendering deficiency in service and the Forum below has to be held right in passing the impugned order but in our view awarding interest @ 18% p.a. from the date of order till payment has to be held on higher side has to be reduced to 09% p.a. Accordingly, we proceed to dismiss the appeal modifying the order in so far as awarding interest is concerned.
The Amount in deposit is directed to be transfer to the Commission below for needful.
Send a copy of this Order to the District Commission and parties to the appeal.
Lady Member Judicial Member *GGH* [HON'BLE MR. JUSTICE Huluvadi G. Ramesh] PRESIDENT [HON'BLE MR. Krishnamurthy B.Sangannavar] JUDICIAL MEMBER [HON'BLE MRS. Smt. Divyashree.M] MEMBER