First Appeal No. A/12/781. Case: Divisional Commercial Manager, Southern Railway Vs P.J. Kurian. Kerala State State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. A/12/781 |
| Counsel | For Appellant: Mr. S. Renganathan, Advocate and For Respondents: Mr. V.N. Gopalakrishnan Nair, Advocate |
| Judges | P.Q. Barkath Ali, J. (President) and V.V. Jose, Member |
| Issue | Consumer Law |
| Judgement Date | February 07, 2014 |
| Court | Kerala State State Consumer Disputes Redressal Commission |
Order:
P.Q. Barkath Ali, J. (President)
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This is an appeal filed by the opposite parties, Railways in CC. 74/12 on the file of CDRF, Alappuzha challenging the order of the Forum dated June 22, 2012 directing the opposite parties to refund the ticket charge of Rs. 291 and to pay a compensation of Rs. 50,000 and a cost of Rs. 2,000 The case of the complainant as testified by him as P.W. 1 before the Forum and as detailed in the complaint in brief is this:
Complainant reserved 3 seats in Guruvayur-Chennai Express train bearing No. 16128. The departure time of the train was on January 28, 2012 at 12.45 in the night. When the complainant along with his friends reached this railway station it was found that door of the D3 compartment wherein the seats were reserved found locked from inside. Complainant sought for help of the Railway Police Protection Force who did not do anything. The complainant and his friends could not travel in that train and they could not attend the business meeting at Madhurai. Complainant lodged a complaint with the Station Master, Harippad. But no action was taken. Therefore, complainant filed this complaint claiming refund of the ticket and compensation.
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The first opposite party is Southern Railway, Chennai represented by its General Manager. Second opposite party, Senior Divisional Manager, Southern Railway, Thiruvananthapuram. Third opposite party is Chief Commercial Manager and 4th opposite party is the Station Master of Harippad Railway Station. They in their version contended thus:
The halting time of the train at Harippad railway station is only 3 minutes. Other passengers boarded and disembarked in Harippad station. None of them have complained about the locking of compartment door. The complainant must have reached the railway station very late. Therefore complaint has to be dismissed.
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Complainant was examined as P.W. 1 and Exts. A1 to A3 were marked on their side. No evidence was adduced by the opposite parties. On an appreciation of evidence the Forum accepted the case of the complainant and allowed the complaint and directed the opposite parties to refund Rs. 291 being the ticket charge and compensation of Rs. 50,000 and a cost of Rs. 2,000. Opposite parties have come up appeal challenging the said order of the Forum.
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Heard...
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