R N THAKUR Vs. CHAIRMAN RAILWAY BOARD

JUDGEMENT

(1.) This application is by Justice R. N. Thakur a retired Judge of Patna High Court at present working as a Member, Illegal Migrants (Determination), Appellate Tribunal in Assam at Gauhati. On 17.10.89 Shri Thakur, his wife Smt. Savitri Devi and nephew Shri Saurav Jyoti Sharma. They were to go to Gauhati and they tried for reservation in N. E. Express and Tinsukhia Mail which passes through Patna but could not succeed. Therefore, they sent a person to Muzaffarpur for reservation for 17.10.89 in Awadh- Assam Express (510 Dn ). The complainants got three tickets for First Class; with regard to two tickets for Justice Thakur and his wife reservation was confirmed and 3rd one was kept in waiting list. On 17.10.89 Justice Thakur with his wife and nephew left Muzaffarpur by that train for Gauhati and they were given berth in a First Class Coupe at Muzaffarpur in which another passenger along with his attendant was also travelling.

(2.) According to the case of the complainant the said coupe was hopelessly bad. The door was in broken condition, it could not be locked or bolted and the coupe was extremely dirty, not worth use by human beings; and they complained to the Conductor. At Samastipur another coupe which had fallen vacant was given to them but that too was in very bad condition though its door could be bolted; that it was also awfully dirty, instead of screws nails were fitted in benches which were rusted and exposed, by which they got scratches twice; that windows were so fitted that in the night when there was rain, water came down in the bogey with the result water went beneath the benches causing great inconveniences to them and that the condition of the bath room was awfully terrible. Water used to flow out, with the result there was no water in bath rooms when train was running. They complained several times to the conductor and of course water was filled up at halting stations, but it all leaked. Its basins and pans were so dirty that it was impossible to use. They could not use bath room in course of journey of twenty four hours. As the result of these defects in the bogey they could not sleep during the night and remained in mental and physical torture and shock through out the journey. Therefore, they have claimed compensation for Rs.1,50,000/- each.

(3.) Written statement was filed only by the O. P. No.3. Initially preliminary objections were taken regarding maintainability of the case under the Consumer Protection Act before this Commission and O. P. No.3 insisted for the disposal of this preliminary objection first. Therefore, after hearing the parties the Commission decided this preliminary objection on behalf of the O. P. regarding maintainability of the case and it was disposed of by the order dated 20.12.90 I (1991) CPJ 10 (NC ). It has been held that the case is maintainable before this Commission. It may be mentioned that the National Commission has finally disposed of this question of maintainability of such cases under the Act by a passenger against the Railway Administration in 1st Appeal No.3 of 1988 (General Manager, S. E. Rly. and Others V/s. Shri Anand Prasad Sinha) decided by the National Commission on, 1991 1 CPJ 10 (NC ). It was an appeal against the judgment passed by this Commission. In this case the National Commission has held that the passengers travelling by trains on payment of the stipulated fare charged for the tickets are "consumers" and the facility of transportation by rail provided by the Railway Administration is a "service" rendered for consideration as defined under the Act.