DIVISIONAL RAIL MANAGER, WESTERN CENTRAL RAILWAY Vs. SUBODH KUMAR JAIN

JUDGEMENT

(1.) THIS case is rather sad commentary on the working of Indian Railways. Respondent -complainant and his four other family members had on 17.7.2003 purchased a journey -cum -reservation ticket for their journey from Bhopal to Nasik by Mangla Lakshadeep Express. They were to board the train at Bhopal on 25.7.2003 at 1955 hrs. The joint ticket issued to them indicate their reservations against cancellation at serial Nos. 7, 8, 9, 10 and 11. However, on 25.7.2003 before commencement of journey their tickets were confirmed. They boarded the train as scheduled but when they woke -up next morning, they found that instead of Nasik they had reached Balharshah. On inquiries they were told that the route of the train has been changed and the train will not go to Nasik. They were however allowed to board another train for their diverted journey to Nasik. The details of their onward journey is not important except that they returned to Bhopal from Nasik on 27.7.2003.

(2.) THE respondent -complainant approached the Forum below attributing deficiency in service to the appellant -railways who however, in their reply denied everything and rather branded the whole complaint is false and also claimed compensatory cost under Section 26 of the Consumer Protection Act, 1986. The Forum below after taking evidence of both the parties held the appellant -railways guilty of deficiency in service and awarded compensation Rs. 10,000/ - to the complainant.

(3.) DURING hearing of this appeal, on our notice Shri Ashok Kumar Khare, Station Manager, Bhopal appeared in person and tried to explain the whole situation. There are two striking features of the case which stared in the face. One, the route was changed w.e.f. 16.7.2003 whereas the ticket in question was issued on 17.7.2003 and confirmed on 25.7.2003; and two, that during entire journey of the complainant and his family members right from Bhopal to Balharshah their ticket was never checked by the TC and at no point of time they were told that the train is not going to Nasik. It is true that the route of the train had to be changed on account of some unavoidable reasons. But, the route having been changed w.e.f. 16.7.2003 then why ticket for journey to Nasik was issued by the railways. Not only the RAC ticket was issued but the confirmation was also made and the same was notified in the chart affixed at the Railway Station on 25.7.2003. The complainant and his family members had absolutely no reason to suspect any change in the route and cancel their journey. It is the general practice rather the requirement of procedure that every reservation ticket should be checked by the TC soon after the train leaves the station and in any case before arrival of the next stoppage. In the instant case, this requirement was also not fulfilled and no checking was made during entire journey from Bhopal to Balharshah. Needless to say that had there been any such checking, the TC would have certainly informed the complainant and his family members that the train is not going to Nasik. In that case they would have got down at the very next station or certainly at Hoshangabad or Itarsi only 75 kms. away from Bhopal. All the aforesaid lapses on the part of the appellant -railways made the complainant and his family members to undertake unnecessary journey upto Balharshah and then to take a different route for reaching to their destination. As explained by the complainant, the onward journey was performed in unreserved compartment causing lot of inconvenience and harassment to him and his family members. It was a clear case of deficiency per se and the appellant -railways were bound to compensate the respondent and his family members adequately.