Railway Superintendent, Railway Station Puri & anr vs Rabindra Prasad

This revision petition has been filed by the petitioner against the order dated 08.12.2014 passed by the Bihar State Consumer Disputes Redressal Commission, Patna (in short, ?the State Commission?) in Appeal No. 438 & 453/2013 - Rabindra Prasad v. The Superintendent, East Coast Railway by which, appeal of OP was dismissed and appeal of complainant was allowed.

Brief facts of the case are that Complainant/respondent purchased through internet three A.C. Tickets for religious-cum-pleasure trips from Puri to Howrah in Train no. 2888. After completion of Patna-Puri Trip, the appellant and his family members arrived Puri station on 2.11.08 to board train no. 2888 scheduled at 10 p m., but on enquiry it was found that this train has been cancelled for the last six months. On approach they were permitted to travel in Train no.0896 on the same route and time, but the respondent with family members were not given AC-3 seats in Train no. 0896 even after repeated requests to the OPs/petitioner Railway authorities. The complainant allegedly paid Rs. 500/- for five sleeper class berths. After boarding in sleeper bogie, the complainant and his family were surprised to find the train was almost empty. On request and under protest the complainant was allotted 5-AC-3 berths in 3AC bogie. Thus, the complainant and his family members being senior citizens and having confirmed 3AC tickets suffered mental as well as physical harassment and humiliation at the hands of railway authorities. He complained to the higher railway authorities for this action, but nothing was done. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that District Forum has no jurisdiction to entertain complaint.

It was further submitted that train was cancelled due to natural calamities and claim was triable by Railway Claims Tribunal. It was further submitted that shifting of passengers from Train No. 2888 to Train No. 896 was not done as system does not shift booked passengers from one train to another automatically. As train was cancelled, reservation of berth in another train is not guaranteed still complainant was provided reserved accommodation in same class in another train, but after completing journey, complainant claimed refund of ticket fare on 3.11.2008 and Rs.2785/- was credited to his account on 5.11.2008. Demand of bribe by TTE was denied and prayed for dismissal of complaint.

Learned District Forum after hearing both the parties allowed complaint and directed OPs to pay Rs. 25,000/- as compensation after deducting Rs. 2785/- with 9% p.a. interest. Both parties preferred appeals and appeal of OP was dismissed, but appeal of complainant was allowed and compensation was enhanced to Rs.75,000/- from Rs.25,000/- and Rs. 25,000/- were allowed as litigation cost against which, this revision petition has been filed.

Heard learned Counsel for the petitioner and respondent in person, who is also an Advocate and perused record.

Learned Counsel for the petitioner submitted that learned District Forum had no territorial jurisdiction to entertain complaint and committed error in allowing complaint and granting compensation and learned State Commission further committed error in dismissing their appeal and allowing appeal of the complainant and enhancing compensation; hence, revision petition be allowed and impugned order and order of District forum be set aside. On the other hand, learned respondent submitted that order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.

As far territorial jurisdiction is concerned, it is not disputed that complainant purchased confirmed 3rd AC tickets through internet in Patna from Puri to Howrah. It is also not disputed that complainant started his journey from Patna to Puri and from Puri to Howrah. He was to go by train no. 2888 and ultimately was to return to Patna via Delhi. It is also not disputed that aforesaid fare amount was ultimately credited in complainant?s account which must be at Patna. In such circumstances, District Forum Patna had territorial jurisdiction to entertain complaint and learned District Forum and learned State Commission has not committed any error in rejecting this objection of OP.

It is also not disputed that on account of cancellation of train no. 2888, complainant and his family members were adjusted in another train no. 896 on the same route and at same time. The only dispute is that complainant was first given berth in sleeper coach and on complaint later on shifted to 3rd AC. District Forum allowed compensation of Rs.25000/- to complainant after deducting refund fare which cannot be said to be on lower side. Learned State Commission enhanced compensation on the ground that family members of complainant were also consumer, who suffered mental and physical agony for whom no compensation was awarded. Admittedly, complainant has not impleaded other major passengers as complainant in the complaint and in such circumstances, learned State Commission ought not to have enhanced compensation on the ground that District forum did not grant compensation to other family members who suffered mental and physical agony. Complainant has not even filed affidavit of other family members who travelled along with complainant and in such circumstances, there was no occasion for learned State Commission to enhance compensation from Rs.25,000/- to Rs. 75,000/- and award litigation cost Rs.25,000/- and revision petition of petitioner is to be allowed to this extent and appeal filed by complainant before learned State Commission is liable to be dismissed.

Consequently, revision petition filed by the petitioner is allowed and impugned order dated 8.12.2014 passed by the State Commission in Appeal No. 453/2013 - Rabindra Prasad v. The Superintendent, East Coast Railway is set aside and order in Appeal No. 438/2013 in The Superintendent, East Coast Railway v. Rabindra Prasad is affirmed and order of District Forum is affirmed. Parties to bear their costs.