State Consumer Disputes Redressal Commission
The General Manager, Eastern Railway, vs Sri R.K. Sinha, Chairman & Managing ... on 16 September, 2011
Daily Order
STATE CONSUMER DISPUTES REDRESSAL COMMISSION BIHAR, PATNA RAJY AAYOG (First. Floor), R. Block Rd. No.-2, Patna-800001 First Appeal No. A/598/2001 (Arisen out of Order Dated null in Case No. of District None) 1. GM, EASTERN RAILWAY, UNION OF INDIA & OTHER KOLKATA & OTHER BEFORE: HONABLE MR. JUSTICE SUBASH CHANDRA JHA PRESIDENT HON'ABLE MRS. RENU SINHA MEMBER HON'ABLE MR. SURYA NARAYAN MANDAL MEMBER PRESENT: ORDER
Date of order: 16 -09-2011 S.C.JHA, PRESIDENT
This appeal has been directed against the order dated 18-09-2001pssed by the learned District Consumer Disputes Redressal Forum, Patna in Consumer Complaint No. 237 of 1997 whereby and whereunder the complaint of the respondent-complainant has been allowed and the appellants have been directed to pay Rs. 15,000/- (Rs. fifteen thousand only) to respondent No.1 and Rs. 5000/- (Rs. five thousand only) to respondent No.2 for the loss and harassment suffered by them.
2. The brief fact of the case as made out before the District Forum is that respondent No.1-Sri R.K. Sinha, who happens to be the Chairman & Managing Director and respondent No. 2- Sri P.K. Sharma, General Manager (Operation) of M/S Security and Intelligence Services (India),Bandar Bagicha,Dakbunglow Road, Patna had purchased a Railway ticket to carry on their journey from Patna Jn. to Garhwa for performing journey on 15th June,1997 by Palamu Express for which they paid Rs. 958/- (Rs. nine hundred and fifty eight only) as price of the ticket. The ticket were purchased on 13-06-1997. The departure time of Palamu Express as printed in the ticket was 20.45 but when they reached at the Railway Station, Patna on the scheduled date at 20.18 hours they were shocked to know that the train had left the Station at 20.15 hours. On enquiry, it was told that that the departure time of the train has been changed from 20.45 hours to 20.15 hours w.e.f. 12th June,1997 itself. As a result of missing of the train, the complainant-Sri R.K. Sinha could not go to Garhwa where he had a business meeting. He was supposed to go to Ranchi from Garhwa itself. However, respondent No.2 carry out his journey by car in the night and for which he had to pass through the nuxal affected area in the night.
3. The Railway administration appeared and contested the matter by stating that it was already published in the newspaper. The ticket was purchased on 13th June,1997 whereas the timing was changed on 12th June,1997. So, such information could not be loaded on 13th June,1997 by the computer and such changing of railway schedule is a routine matter. So, there was no deficiency on the part of the Railway administration.
4. The learned District Forum has considered such aspect of the submission and pleadings of both the parties and passed the order, which is under challenge here.
5. It was also considered that Railway administration failed to produce any newspaper cutting of Aryavarta, Times of India and Hindustan Times so as to support their contention that the time of departure was changed and for that there was possibility of change of time schedule, which was printed in the ticket itself.
6. We have gone through such averment and written notes of argument of the appellants as nobody appeared for the respondent.
7. Having considered the facts, evidence and circumstances, it is manifest that such issuance of ticket on 13th June,1997 itself amounts to deficiency on the part of the Railway administration, when time schedule for the railway is said to have been changed from 12th June,1997. It was the duty of the Railway administration to have printed the actual time of departure in the ticket itself.
8. For the reasons stated above, we do not find any infirmity, illegality or jurisdictional error in the order under challenge here. So, the order stands affirmed.
9. In the result, the appeal is hereby dismissed. [HONABLE MR. JUSTICE SUBASH CHANDRA JHA] PRESIDENT [HON'ABLE MRS. RENU SINHA] MEMBER [HON'ABLE MR. SURYA NARAYAN MANDAL] MEMBER