SMT. RAVI SUSHA  : PRESIDENT

      Complainant filed this complaint under sec.35 of the Consumer Protection Act 2019,for getting an order against  opposite parties  to pay Rs.5,00,000/- towards  compensation with interest and also cost of  the proceedings, to the complainant.

    Facts in brief are that on 18/11/2022 the complainant travelled  in train No.22659 S3 coach ticket No.22659 from Kannur to Nizamudheen.  On entering inside the train , he could find that the  entire compartment was in most unhygienic condition,  felt highly uncomfortable and had several cockroaches started inside  the dress worn  by the complainant, the fan  in the  compartment  was fully  with dust and on switching the fan the dust  started spreading inside the compartment causing a suffocating  experience to the complainant as well as co-travelers.  The both room in the compartment was also highly in an unhygienic condition, no water inside the bath room.  Complainant  submitted that the said compartment was an  abandoned one  which was used on the said day without carrying  out  necessary maintenance  and cleaning work and due to the said negligence on the part of Railway, he had to suffer great hardship .  There is deficiency  of service and unfair trade practice on the part of OPs.  Hence  this complaint.

        After receiving notices OPs entered appearance through their counsel and submitted version. It is stated in the version that the OPs admitted the journey of complainant on the particular day of  said train. And they denied the  all other averments in the complaint.  OPs submitted that the compartments were regularly attended in a routine basis.  The rake of train No.22659 was primarily maintained at Kochuvely on 17/11/2022.  During the primary maintenance the entire  rake thoroughly cleaned and disinfested. The disinfestations has been done as per the  schedule attached herewith.  Hence there is no chance  for dust being accumulated.  The complainant had boarded the train at Kannur station  which is after 482 KMs of run from the originating station Kochuvely. Rail madad portal ios installed and rail madad stickers  are exhibited inside the coaches.  The complainant had not made any complaint to Rail madad portal.  If he had made complaint, it would have been immediately attended within minutes and the alleged problem would have been solved. After receiving the complaint , when the  train reached its primary depot the  concerned compartment-S3 was marked sick and enquiry was initiated.  There is no latches, negligence or attempt  in denying  service to the complainant  on the part of  OPs.  Hence prayed for the  dismissal of the complaint.

       Both parties led their evidence.  Complainant filed his chief affidavit and documents.  Examined as PW1, marked Exts.A1 to A5, on the side of OPs, senior section Engineer Mr. Jiji R  filed his proof affidavit and examined as DW1.  Marked Exts.B1& B2.  PW1 and DW1  were cross-examined by the rival parties.  After that the learned counsel of both parties made argument .  Learned counsel of OP filed written argument note also.

      The undisputed facts are that  the complainant was a passenger in train No.22659 on 18/11/2022 in S3 coach, boarded the train at Kannur to Nizamudeen.

       Complainant’s case is that in S3 coach in which he had travelled several cockroaches inside it, the fan in the compartment was fully with dust , the bath room in the compartment was also highly in an unhygienic condition, no water inside the bath room.  Complainant  alleged that the said compartment was an  abandoned one  which was used on the said day without carrying  out  necessary maintenance  and cleaning work and due to the said negligence on the part of Railway, he had to suffer great hardship.  Hence this complaint.

     The entire allegations of the complainant were denied by the OPs. OPs contended that the Ext.A4 series and Ext.A5 produced by the complainant do not show either the coach number, or the train number.  No date is also shown in the photograph produced by him.  Hence the photographs and CD produced by the complainant have no connection with the above case. Here no fellow passenger is examined on his side to prove his case.  Further the contention that complainant switched on the fan when he boarded in the coach may not be correct as there were so many other passengers in the train when he board the train.  

   OPs submitted that complainant has not produced any document to show that any action had been taken against the contractor.  It is submitted that S3 coach was properly disinfected and no action was taken against the contractor since after enquiry as it was found that there was no lack of cleanness.  OPs submitted that Ext.B1”Dis infestation and Rodent control Register “ dtd.17/11/2022.

   Complainant submitted Ext.A1, the details of complaint registered by the complainant to grievance cell of Prime Minister.  It is seen that complaint of the complainant received on 22/11/2022.  The date of action as 28/11/2022.  Remarks reveal.  The grievance of complainant has been examined in detail, and penal action has been initiated against the contractor.  The coach S3 marked sick on arrival at primary depot, detached for attending all the maintenance issues and also cleaned all the fans.  In conveniences caused is deeply regretted.”

   DW1 deposed that “ sick  എന്ന്  mean ചെയ്യുന്നത് enquiry യ്ക്ക് വേണ്ടി ആ coach  detach ചെയ്യുന്നതാണ്“.

   But here on reading  the remarks portion in Ext.A1 clearly reveals  that penal action was taken against the contractor and the S3 coach was detached for attending all the maintenance issues etc.

  Hence from the above said facts, it is clear that the S3 coach was in  an unhygienic condition as alleged by the complainant.

   OPs submitted that since Ext.A4&A5 does not show the coach number or the train number, those documents  have no connection with this  case and cannot be taken as evidence.

   Here Ext.A4 series, evident that photographs are of  fan and other parts of  compartment in train  Indian Railway.   When Ext.A4 series connected with  Ext.A1 remarks portion, we can come to a conclusion with this case.

   Thus  through Exts.A1 to A4 series, complainant proved his case and we are of the view that there is deficiency in service and negligence on the part of OPs.

        In the result complaint is allowed in part.  Opposite parties are directed to pay Rs.50,000/- to the  complainant  towards compensation for the mental agony and discomfort caused to him during his journey.  Opposite parties are further directed to pay Rs.5000/- towards cost of the proceedings of this case.  Opposite parties shall comply the order within one month from the date of receipt of this order.  Failing which Rs.50,000/- will carry interest @7% per annum  from the date of  order till realization.  Opposite parties can realize the awarded amount from the concerned contractor.  Complainant is at liberty  to execute the order as per provision in Consumer Protection Act 2019.

Exts:

A1-copy of complaint given to Prime Minister  office

A2- copy of online ticket booking

A3- copy of online passenger confirmation details

A4(series)- photos 3 in Nos.(marked with objection)

A5- CD(marked with objection)

B1-Disinfestation and Rodent control register

B2- Rail madad  complaint.

PW1-Nikhil Pratheek.P.J-complainant

DW1-Jiji.R-witness of OPs

Sd/                                                                 Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                         MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR