SMT. MOLYKUTTY MATHEW  : MEMBER

Complainant filed this complaint U/S 12 of Consumer Protection Act 1986 seeking to get an order directing Opposite Parties to pay an amount of Rs.1000/-  as a ticket charge and a sum of Rs. 2,00,000/- as compensation for  mental as well as physical agony, loss and damages caused to the complainant.

            The brief facts of this complaint are that the complainant along with 63 other members had gone for a pilgrimage from Kannur to Jammu thavi in the month of July 2017.  They arranged to travel from Kannur to Jamuthavi by Mangala Express on 11/07/2017.  The whole train tickets of all of them were booked from OP1 after getting permission from 2^nd OP.  The extended train tickets from New Delhi to Jammuthavi were booked in “Uttar Sampark Kranthi Express”.  At the time of booking itself, all the berths were confirmed and the same is printed as ‘CNF’ in all tickets but there was no coach number and seat number printed in the tickets.  On enquiry it was replied that the coach number and berth number will be given at the time of preparing chart.  But almost majority of the passengers were denied berth in the train who were senior citizen from New Delhi.  Complainant alleged that denial of berth amounts to deficiency in service on the part of opposite parties and hence filed this consumer complaint for getting relief as prayed in the complaint.

            After getting notice from this commission OP No.2 filed version through counsel for other opposite parties also denied all the allegations raised by the complainant in the complaint.  One of the contentions raised by the OPs is that this consumer complaint is not maintainable as it is filed by the complainant only after the period of limitation and stated to take this issue as a preliminary issue.  For hearing question of maintainability OP filed separate petition.  On the course of filing objection to this maintainability petition complainant filed application for condo nation of delay stated that there was a delay of 342 days in filing this complaint, with an explanation for this delay.  It has been submitted in the application that the train tickets were booked by one Mr. T C Anurag on behalf of this complainant and after denied on berth all communication were done by that person and the ticket and other documents were misplaced from his custody.  So the delay of 342 days happened in filing this case.  Besides this another explanation put forward by the complainant is that he has forgotten to sign in the delay condo nation petition at the time of filing this case.  Both the reasons put forth by the complainant explaining the delay of 342 days in filing the complaint could not been considered as satisfactory or convincing.  Besides this aspect, the delay condo nation petition has been filed by complainant after the petition of OP challenging the question of maintainability on the ground of time barred complaint.  It is pertinent to note that in spite of the fact that complainant forgot to sign in the delay petition at the time of filing this case the complainant has delayed more than one year again for filing this delay condo nation petition.  Therefore we do not find the reasons put forth by the complainant as convincing so as to condone the delay in question.  Complainant himself is to be held responsible for this much belated action.  We therefore do not find any justification for condo nation delay of 342 days in filing this complaint.  Hence this case is barred by time so far as this commission is concerned.

            In the result, the petition filed by OP to hear the question of maintainability is allowed and hence this complaint is dismissed.

      Sd/                                                                                 Sd/                                                     Sd/

PRESIDENT                                                                   MEMBER                                          MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

/Forward by order/

Senior Superintendent