VINOD SANGHI ALIAS V.K. SANGHI Vs. GENERAL MANAGER

JUDGEMENT

(1.) The complainants are the appellants. The appeal is directed against the order dated 30.3.2009 in C.C.No.366 of 2008 by the District Forum-I, Hyderabad whereby their complaint was dismissed.

(2.) The factual matrix of the case is that the complainants are senior citizens who purchased journey cum reservation ticket on 13.3.2008 for travel on 26.4.2008 by train no.2723, AP Express and was issued ticket no.29881628 with waiting list no.18 and 19. On 9.4.2008 a ticket was purchased for Smt Surendrabala Sanghi to travel through the same train on 26.4.2008 to New Delhi was issued confirmed ticket No.29991516 in B3 coach. The case of the complainants are that issuing of confirmed ticket for a person applying much later after 26 days particularly when the ticket holders are senior citizens is a deficiency in service and unfair trade practice. The railway rules provide lower berth for senior citizens when available but they were provided berths no.35 and 40 in coach B2 which were middle and side upper berths. Similarly the two return journey berths No.45 and 48, in Coach No.B2 booked on 13.3.2008 to travel on 29.4.2008 from New Delhi to Hyderabad by AP Express train No.2724 allotted to them were middle and side upper berths. The grievance of the complainants is that the tickets were issued discriminately which has caused pain and suffering to both the passengers who booked 45 days prior to the date of journey Lower Berth was allotted to other passengers who had applied later and it amounts to deficiency in service.

(3.) The opposite party resisted the case admitting that the complainants were allotted two berths bearing nos.35 and 40 in coach B-2 (AC-3tier) which were middle and side upper berths and contended that the senior citizens and women above the age of 45 years and pregnant women travelling alone were allotted a combined quota of two lower berths per coach in AC-3 tier and AC3 tier classes. Accordingly, Smt Surendrabala Sanghi aged 62 years traveling alone was allotted lower berth no.4 in B-3 AC-3 tier coach by the system even though she has purchased her ticket on 9.4.2008 i.e., 26 days afer the complainants purchased their ticket on 13.3.2008. The complainants were not given confirmed accommodation since they were not travelling alone and they booked for both of them a ticket on 13.3.2008 vide PNR NO.133-7323135. They were allotted waiting list nos.18 and 19 for their journey in AC-3 Tier by train no.2723 of 26.4.2008. The complainants were correctly allotted berth nos.34 and 40 in B-4 depending upon cancellations by the system. In the return journey berths were available in the general quota by T.No.2724 of 29.4.2008 on the day of purchasing ticket i.e., 13.3.2008 and the complainants were correctly allotted berth no.s45 and 48 in B-2 coach since lower berths were not available by the time. As per existing rules reservations are opened 90 days in advance and reserving 43 days in advance as in the present case that too during peak summer season is not enough to get the lower berths. Smt Surendrabala Sanghi was allotted lower berth in the earmarked quota at a later date since she was traveling alone. Hence, there is no deficiency in service on their part and prayed for dismissal of the complaint. The complainant no.1 filed his affidavit and got marked exhibits A1 to A3. On behalf of the opposite party, Ms Chandrika Rao, Sr.Divl. Commercial Manager, Secunderabad filed affidavit and no exhibits were marked.