K. PRABHAKARAN Vs. DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY

JUDGEMENT

(1.) The present Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act") has been preferred by the Complainant against the order dated 21.11.2014 in First Appeal No. 745 of 2012 passed by the Kerala State Consumer Disputes Redressal Commission (for short "the State Commission"). By the impugned order, the State Commission has allowed the Appeal preferred by the Divisional Commercial Manager, Southern Railway (for short "the Railways") and set aside the order dated 26.10.2010 passed by District Consumer Disputes Redressal Forum, Ernakulam (for short "the District Forum") whereby the District Forum partly allowed the Complaint and directed the Railways to pay a sum of Rs.10,000/-which include both compensation and costs within a period of one month from the date of receipt of the copy of the order, otherwise it would carry interest @ 12% p.a.

(2.) Briefly stated the facts of the case, as stated in the Complaint, are that the Complainant, who is a senior citizen, booked 16 tickets for the journey of his family along with his relatives from Ernakulam Junction to Kundapura by Nethravathy Express for this travel on 06.11.2009 to Mukambika Temple, Kolloor. He also booked sleeper class tickets from Uduppi to Ernakulam Junction for their return journey on 09.11.2009 by Mangala Lekshadweep Train. It is stated that after darshan at Mukambika Temple they reached at Uduppi Railway Station for their return journey on time. He checked the reservation chart but did not find their names on it. He contacted the station master immediately and showed him the original tickets but the station master did not take any action. Since there was no help from the Railway Authorities they were forced to travel in a general compartment. They suffered a lot due to negligence on the part of the Railway Authorities. He issued a notice dated 29.05.2010 but did not receive any proper reply. Aggrieved he filed a Complaint seeking the following reliefs:-

(3.) First and Second Opposite Parties i.e. General Manager and Area Manager of Southern Railway filed their Written Statement stating therein that berths as reflected on the tickets had been kept reserved for the Complainant and his companions; that station master of Uduppi does not work under their jurisdiction as he is working under the jurisdiction of Konkan Railway Corporation Ltd.; it is not known as to why the Complainant and his companions failed to occupy the berths kept reserved for them; the reservation charts are preserved only for 6 months and hence the charts of the subject train are not available with them now; the Complainant and his companion travelled in general coach without taking any extra ticket and they are not liable to pay any compensation to the Complainant.