Document Fragment View

Matching Fragments

1. The facts of the case as per the District Commission record are as under:

"The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986. The brief facts as alleged in the complaint are that the complainant booked sleeper ticket for Rs. 399/- for the journey scheduled on 31/10/2012 from Anand Vihar to Katihar Junction bearing PNR no. 214/0132355 in Simanchal Express. On 16/10/2012, the booking status of sleeper availability was RAC/43. The complainant was hope full that his booking would turn confirmed in coming 16 days l.e. by 31/10/2012. On 31/10/2012, the complainant reached at 6:30am at Anand Vihar Railway Station to board the train. After going through the chart prepared, he found that his ticket was waiting 44 instead of confirmed or RAC/43. He immediately complaint about the same to the railway staff and also requested TTE to help him, who instead helping him, informed that some coaches have been removed from the train that is why the status of RAC/43 become waiting. but refuse to give anything in writing, having no other option he had to travel in the train in standing position. The complainant sent a legal notice through his advocate demanding the compensation against the deficiency in services by OPs. The OPs vide its letter dated 15/02/2013 informed the complainant DISMISSED PAGE 2 OF 9 FA/150/2020 DOD: 27.02.2026 MINISTRY OF RAILWAY AND ANR. VS. SHRI SAROJ KUMAR SINGH that one coach SE-1 was removed by the Operating branch due to which RAC/43 become waiting but does not spell a single word about compensation. It is further stated by the complainant that due to deficiency in services on the part of the OPs, he was compel to travel in a standing position from Anand Vihar to Katihar Junction for which he is entitled for compensation, hence this complaint.

3. Aggrieved by the impugned order, the Appellants/Opposite Parties have preferred the present appeal contending that the District Commission erred in holding the Appellants deficient in service. The counsel for the Appellants submitted that the Respondent was not holding a confirmed DISMISSED PAGE 4 OF 9 FA/150/2020 DOD: 27.02.2026 MINISTRY OF RAILWAY AND ANR. VS. SHRI SAROJ KUMAR SINGH ticket and the booking status was only RAC-43. Therefore, the mere expectation of the Respondent that the ticket would get confirmed by the date of journey does not confer any enforceable right in law and cannot be treated as deficiency in service on the part of the Appellants. He further submitted that the District Commission failed to appreciate that the Respondent was not entitled to board the train in the absence of a confirmed berth as he himself admitted that he travelled from Anand Vihar Railway Station to Katihar Junction by standing.

4. The counsel for the Appellants further submitted that one coach was removed due to technical reasons and owing to non-availability of an extra coach at Anand Vihar Railway Station, the status of ticket of the Respondent changed from RAC-43 to WL-44. He lastly submitted that the District Commission lacked jurisdiction to adjudicate matters governed by the Railway Claims Tribunal Act, 1987. He further submitted that in view of Sections 13, 15 and 28 of the Railway Claims Tribunal Act, 1987, such disputes fall within the exclusive jurisdiction of the Railway Claims Tribunal. Accordingly, the Appellants prayed for setting aside the impugned order.

18. From the analysis of the aforesaid definition, it is clear that deficiency refers to any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by any person in pursuance of a contractual obligation.

19. In the present matter, the grievance of the Respondent pertains to the manner in which the service was rendered. It is an admitted position that the status of ticket of the Respondent was changed from RAC-43, to WL- 44 due to removal of a coach on account of technical reasons. Also, the Respondent came to know about the said change at the time journey.