State Consumer Disputes Redressal Commission
Chief Commercil Manager vs Shri Krishna Devrao Ghuguskar on 12 April, 2017
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA NAGPUR CIRCUIT BENCH NAGPUR First Appeal No. A/11/316 (Arisen out of Order Dated in Case No. of District State Commission) 1. CHIEF COMMERCIL MANAGER NEW DMISNISTRATIVE BUILDING, 2ND FLOOR, ( KOCHING REFUND SECTION), CENTRAL RAILWAY, MUMBAI 2. Dy. Regional Manger, Divisional Railway Manager, Central Railway, Nagpur ...........Appellant(s) Versus 1. SHRI KRISHNA DEVRAO GHUGUSKAR R/O 159, OLD NANDANVAN LAYOUT, NAGPUR ...........Respondent(s) BEFORE: HON'BLE MR. B.A.SHAIKH PRESIDING MEMBER HON'BLE MRS. Jayshree Yengal MEMBER For the Appellant: Advocate Mr.Nitin Lambat For the Respondent: Advocate Mr.Dhoble. Dated : 12 Apr 2017 Final Order / Judgement Per Shri B.A.Shaikh, Hon'ble Presiding Member.
1. This appeal is filed by original opposite party (for short O.P.) Nos.1 and 2 feeling aggrieved by the order dated 15/04/2011 passed by District Consumer Forum Nagpur in consumer complaint No.649/2010 by which the complaint has been partly allowed.
2. The respondent herein is the original complainant. He set out the case in brief in the complaint filed before District Forum that he had purchased the AC III tire journey ticket of the train on 05/09/2010 called as "Azad Hind Express" having Number 2129 for going from Pune to Nagpur. The departure time of that train from Pune was 18.25 hours. However when the complainant went to railway station of Pune he got information that the train is late by eight hours and it would depart from Pune station at 02.25 hours on 06/09/2010. Therefore he returned to Ashoka Hotel, Pune. He made enquiry on phone number 139 and received the message at 16.51 hours that train will depart on 06/09/2010 at 02.25 hours. Thereafter again on internet he verified the departure time of the train on 05/09/2010 at 23.18 hours. At that time he received message on mobile phone that train will depart on 05/09/2010 at 21.05 hours. At that time the complainant was under bonafide impression after receiving that massage at 23.18 hours, that train has already left at 21.05 hours. Hence he cancelled the journey on 05/09/2010 and purchased another journey ticket for the date 06/09/2010 by train number 2113 called as "Garib Rath Express". However when he came by that train from Pune to Nagpur, he on enquiry found that "Azad Hind Express" had departed from Pune station at 05/09/2010 at 21.05 hours. Thus the complainant got wrong massage from the opposite party No.1 on his mobile phone on 05/09/2010 that the train will depart from Pune station on 06/09/2010 at 02.25 hours. Hence the complainant suffered loss due to the said wrong massage. He therefore alleged deficiency in service on the part of opposite parties and claimed fare of Rs.1131/- of earlier cancelled journey train namely Azad Hind Express, Hotel expenses of Rs.1740/-, travelling expenses Rs.1000/- and compensation of Rs.15,000/- for physical and mental harassment and cost of Rs.1,000/-. He also claimed further compensation of Rs.5000/-. Thus the total claim is of Rs.24,871/- with interest.
3. The opposite party Nos.1 and 2 appeared before the Forum and filed their common reply. They submitted in brief that the District Forum has no jurisdiction to entertain and decide the complaint as the train was started from Pune and the complainant ought to have been filed complaint at Pune where the alleged incident took place. They admitted that it was pronounced at Pune railway station that "Azad Hind Express" will depart from Pune railway station at 2.25 hours on 06/09/2010. It is denied that the complainant got massage on his mobile phone on contact number 139 that the said train will depart from Pune station at 21.05 hours on 05/09/2010. According to opposite party Nos.1 and 2, the complainant might have tampered with the said massage. The opposite party Nos.1 and 2 also submitted that the complainant himself cancelled his journey ticket due to his personal work on 05/09/2010. Thus the opposite party Nos.1 and 2 submitted that complaint may be dismissed.
4. The Forum after hearing both the parties and considering evidence brought on record passed impugned order and thereby partly allowed the complaint. The Forum came to the conclusion that the copies of massages produced on record by the complainant proved that the train will depart at 2.25 hours on 06/09/2010, but actually the train was departed on 05/09/2010 at 21.05 hours and therefore the opposite parties provided deficient service to the complainant and hence the complainant could not continue his journey with "Azad Hind Express" train on 05/09/2010. Therefore the Forum directed the opposite parties to pay to the complainant Rs.1,131/- towards the expenses incurred by him for the ticket of Azad Hind Express and also to pay hotel expenses of Rs.1,740/- i.e. total expenses of Rs.2871/- within 30 days from the date of receipt of that order and in case of default the said amount will be payable with interest @ 12% p.a. and also to pay him compensation of Rs.2000/- for physical and mental harassment and cost of Rs.1000/-.
5. As observed above this appeal is filed by opposite party Nos.1 and 2. We have heard learned Advocate of the appellant Shri Nitin Lambat. None appear for respondent for hearing in appeal. However we have considered the written notes of argument filed by the respondent's advocate. We have also considered the material placed before us by the appellant's advocate.
6. The learned Advocate of the appellant submitted that the massage has been tampered with by the complainant and hence he can not take the benefit of the same for claiming compensation and the Forum erred in partly allowing the complaint on the basis of the tampered massage and fabricated story of the complainant. He therefore requested that the impugned order may be set aside as it is erroneous.
7. On the other hand, the learned advocate of the respondent in his written notes of argument supported the impugned order and submitted that the appeal may be dismissed.
8. We find no evidence to show that massage received by the original complainant on his mobile phone on contact No.139 has been tampered with by him. The copy of the said massage is produced before us. We find that the Forum has rightly believed the same. On receiving that massage, the complainant initially was under impression that the train will depart from Pune station on 06/09/2010 at 02.25 hours. However when he went to hotel, he got subsequent massage that the train left the station on 05/09/2010 at 21.05 hours. Therefore the complainant cancelled his journey on 05/09/2010 under the impression that the train already left the station when he got the second massage and under that impression he extended his stay in the hotel and incurred expenses. Thus the complainant is entitled to get refund of Rs.1,131/- towards the expenses incurred by him for purchasing the ticket of Azad Hind Express and he is also entitled for compensation of Rs.1,740/- which he incurred for extending stay in the hotel. Thus the Forum has rightly awarded Rs.2,871/- to the complainant.
9. So far as the jurisdiction of the Forum is concerned, we find that complainant had under taken his journey on 05/09/2010 from Pune to Nagpur by train called as "Azad Hind Express". But he was required to cancel his journey as he was misled as above by the wrong massage sent by opposite party No.1 on his mobile phone. The journey was to be completed by him at Nagpur only. There is the office of the opposite party No.1 at Nagpur. Thus we hold that District Forum Nagpur has rightly entertained the complaint. In the result we find that there is no merit in the appeal and it deserves to be dismissed.
// ORDER // The appeal is dismissed.
No order as to cost in appeal.
IV. Copy of the order be furnished to both parties free of costs. [HON'BLE MR. B.A.SHAIKH] PRESIDING MEMBER [HON'BLE MRS. Jayshree Yengal] MEMBER