PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.25/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Ajay Agrawal, Chartered Accountant,

S/O-Tarachand Agrawal,

At-JalanGali, Po-Khetrajpur,

Dist- Sambalpur-768003, Odisha

Mob-7894302138, 9861142850

Vrs.

General Manager, Northen Railways,

(Northern Zone of Indian Railways)

Baroda House, New Delhi-110001

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                     :-Sri. A.K. Nayak, Adv.

Date of Filing:25.01.2024,  Date of Hearing :23.04.2024,  Date of Judgement :18.06.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The Complainant alleged inconvenience, mental tension, wastage of time and over all deficiency in service of the O.P. while he was coming in Train No. 20806 Hirakud Express DOJ- 29.06.2023 in AC-2 Tier coach having PNR No. 2363537699. The coach did not have liquid soap and Bed rolls. The Complainant tweeted with the O.P. at 9.05AM to 10.47AM of 30.06.2023 but grievance was not redressed.

Being aggrieved complaint was filed.

2. The O.P. in reply submitted that the complaint is not maintainable as notice u/s 80 of the C.P.C., 1908 is not given. The O.P. has no administrative control on the train alleged and on its staff. The issues raised are grievances only and it is duly attended by the staff and grievance related to AC was found not correct. Cleanliness was attended and issue of bed roll is under examination which is not a deficiency in service. For delays or detention, any loss or inconvenience to passengers or their luggage Railways not given any guarantee as per Indian Railways Conference Association Coaching Tariff No. 26 part-I (Vol.I) Rule No. 115.

Railway is a transport organization and provides transport services on subsidies fare. Only 57% of fare is charged on an average and the ticket has been purchased from IRCTC website. All the general amenities are provided to passengers and no charge is taken for it. Accordingly Complainant is not a consumer of the O.P.

As there is no deficiency in service the complaint needs to be dismissed.

3. Perused the documents filed by the Complainant:

1. Train ticket confirmed dated 29.06.2023 in Train No. 20808.
2. Mail dated 29.06.2023 at 9.05AM.
3. Reply of O.P. at 10.39 AM on 29.06.2023.
4. Reply of O.P. at 10.41 AM on 29.06.2023.
5. Reply of O.P. at 11.06 AM on 29.06.2023.
6. Reply of O.P. at 3.10 PM on 29.06.2023.
7. Mail at 8.52 PM on 29.06.2023.
8. Mail at 10.32 PM on 29.06.2023.
9. Mail at 10.47 PM on 30.06.2023.
10. Circular No. 97/TG-V/17/1 dated 23.07.1999 of Railway board.
11. 2019, citizens charter.

4. This is a complaint wherein there is complete shifting of responsibility found how the officers of the government work. It is the admitted case of both the parties that on 29.06.2023 the Complainant made his journey from New Delhi to Sambalpur in Train No. 20808 Hirakud Express and allotted waiting ticket No. 8 and 9 in AX-1 two tire AC coach and boarded at New Delhi. Later ticket were confirmed. It is also admitted that complaint regarding non-availability of liquid soap, Bed roll and non-working of AC was made. From 9.05AM on 29.06.2023 to 10.47AM 30.06.2023 grievance of the Complainant was not redressed and accordingly the complaint was filed.
5. It is the admission of the O.P. that the ticket is purchased from IRCTC and only 57% of fare is charged on an average out of the total fare. It proves that the O.P. has received consideration from the Complainant for the journey and it is the duty of O.P. to provide proper service during the journey. Accordingly, contention of the O.P. that the Complainant is not a consumer of the O.P. is not tenable.
6. This is a complaint under the Consumer Protection Act, 2019 and the provisions of the C.P.C., 1908 is not applicable except in certain cases. There is no provision under the C.P. Act, 2019 to issue any notice(Like notice u/s 80 of C.P.C.) to the government/Railway. Non giving of any notice prior to filing the complaint is not a bar to proceed in the case. Accordingly, the complaint is maintainable.
7. The O.P. has tried to shift his responsibility to other Zone but not specifically mentioned who is necessary party. As the Complainant started his journey from New Delhi under the Jurisdiction of O.P. it is the duty of O.P. to provide all the amenities to the Complainant during his journey. The Railways as a whole is responsible for non-providing proper service.
8. From circular submitted by the Complainant and 2019 citizen’s charter it reveals that Bed rolls are to be provided to the reserved passengers within 30 minutes when complaint is made. In the instant case the O.P. failed to provide bed rolls, liquid soap etc. from 29.06.2023 9.05AM to 10.47AM on 30.06.2023 and failed to explain the reason. It amounts to deficiency in service and violation of the 2019, citizens charter for passenger services committed by Indian Railways.

Taking into consideration the circumstances of the complaint it is ordered:

ORDER

The complaint is allowed on contest against the O.P. the O.P. is directed to refund the value of the ticket Rs. 4805/- and pay compensation of Rs. 1.00 lakhs to the Complainant. The O.P. is to pay litigation expenses of Rs. 10,000/-. The entire amount shall be paid within one month of this order. In case of no payment the entire amount will carry 12% interest P.A. w.e.f. 29.06.2023 till realisation.

Order pronounced in the open court on 18^th day of June, 2024

Supply free copies to the parties.