D D KUMAR Vs. GENERAL MANAGER, NORTHERN RAILWAYS

JUDGEMENT

(1.) DR . D.D. Kumar, aged about 70 years, and his wife Mrs. Sudarshan Kumar had filed a complaint before the District Consumer Disputes Redressal Forum, Faridkot (hereinafter called the "District Forum") on 3.11.2003 for directing the respondents (opposite parties before the District Forum) i.e., The General Manager, Northern Railway, New Delhi and Assistant Station Master, Railway Station, Faridkot, that a smooth passage should be provided from parking area of the Railway Station to the Railway Platform and further when both the complainants came from Delhi to Faridkot on 9.10.2003 through Punjab Mail, the length of the train was more than the length of the Railway Platform. Resultantly, the coach in which they were travelling did not reach the platform on the morning of 9.10.2003. They experienced great difficulty in disembarking from the coach, as there was no platform on which they could disembark. They had their luggage also. They claimed certain compensation for the difficulties they had experienced in reaching from the parking place to the railway platform and for disembarking from their coach, which had not reached the platform.

(2.) THE respondent Railways controverted the claim by stating that to provide more facilities to the public at Faridkot, a new Reservation Office as well as Waiting Hall were being constructed for which the main entrance to the platform had to be temporarily closed in February, 2003 which was re -opened in March, 2004. To avoid inconvenience to the public during the said period, temporary passage of about 5 feet width was carved out for entrance of the public from the parking place towards the platform at two separate locations, one near the Cabin and the other near the Tea Stall. Necessary indications for these temporary entrances were also provided outside the Station Complex for the convenience of the public and no passenger had ever made any complaint. Qua the second grievance it was stated that the length of the Platform No. 1 was 274 metres and 3 -Tier A.C. Coaches of 2138 Down train (Punjab Mail) were 6th and 7th from the Engine and these came in front of the platform when the train halted. Copy of the Train Summary was also attached along with the written statement. After appreciating the respective stands of both the sides, the District Forum dismissed the complaint vide the impugned order dated 17.11.2004.

(3.) SAME arguments, which were addressed before the learned District Forum, have been addressed before us. It is the stand of the Railways that temporary passage was provided for providing more facilities and convenience to the public i.e. new Reservation Office as well as Waiting Hall was being constructed. It cannot be denied that there would be some inconvenience to the public, which will include the present complainants, while using a temporary path or passage, but such small inconveniences have to be borne by the general public including the complainants when it is compulsion to provide temporary passage in order to provide better facilities. In this case, the temporary inconvenience was for providing facilities to the public of Faridkot by way of construction of new Reservation Office and Waiting Hall. It is often seen that when roads are being widened or flyovers are being constructed, which will ultimately be for the benefit of each member of the public, inconvenience is experienced by the general public during the period the construction work is going on. Such inconvenience is inherent while constructing a building or roads or such like things.