LAWS(NCD)-2014-1-65

U.O.I Vs. SUSANTA KUMAR SAHA

Decided On January 21, 2014
U.O.I Appellant
V/S
Susanta Kumar Saha Respondents

JUDGEMENT

(1.) Brief facts in this case are these: On 26.09.2011, Mr. Susanta Kumar Saha, the complainant purchased his rail ticket from Railway Reservation Counter at Barrackpur railway station. It was a Sleeper Class (in short SL) reservation for Utkal Kalinga Express and the date of journey was on 11.10.2011 from Kharagpur to Puri. On the date of journey, as per enquiry made at Howrah Station, and also with Railway Service Enquiry, he got confirmation that the train would run through Kharagpur and not from Howrah. Accordingly, he went to Kharagpur Station to board the train. At about 8.20 p.m. he learnt from the Station Master that the Utkal Kalinga Express will not be touching the Kharagpur Station. The Complainant was shocked to know that the train route has been diverted since May 2010 after the incident of Gyaneswari Express accident. Therefore, ultimately, he failed to board that train. Hence, he has filed a complaint through a letter addressing to the DRM, Eastern Railway, Sealdah Division, but there was no response from DRM for more than one year and five months. Alleging deficiency in service by the OP, the complaint was filed by the complainant before the District Consumer Disputes Redressal Forum, (in short, 'District Forum'), Barasat, West Bengal.

(2.) The District Forum dismissed the complaint. The complainant filed an appeal before the State Consumer Disputes Redressal Commission, (in short, State Commission'), West Bengal on 04.10.2012.

(3.) The State Commission allowed the appeal and awarded Rs.1,00,000/- compensation and Rs.1,000/- as cost of litigation.