K R Mandovra vs Station Superintendent Railway Station

THIS is an appeal against the order dated 28.11.1996 passed in Complaint Case No. 101/95 by the District Consumer Redressal Forum, Indore (for short the District Forum), wherein the District Forum has held that there has been no deficiency in service on the part of the opposite party i.e. Railway Administration.

THE undisputed facts of the case, in brief, are that the complainant had obtained confirmed reservation for Allahabad of berth No. 44 in coach No. S/1 in Indore -Howrah Kshipra Express leaving Indore on 27.1.1995. That as per affidavit of the Senior Divisional Commercial Manager, Ratlam, the route of Kshipra Express was changed from 27.1.1995 to 3.2.1995 in view of the requirements of Kumbh Mela and instead of taking upto Allahabad, the train was routed via Chhivki. That on reaching Chhivki on 28.1.1995 at about 5.00 p.m. the complainant was forced to get down at that Station which was 10 to 12 kms. away from Allahabad Railway Station. In their reply dated 21.7.1996, the Railway Administration has not refuted the following contentions of the complainant made by him in his complaint dated 23.2.1995 submitted before the District Forum and subsequently, supported by his affidavit dated 20.11.1996 : (i) That Chhivki is 10 to 12 kms. behind Allahabad Railway Station. (ii) That there was no platform at Chhivki Railway Station nor was there any provision for electric lights. Similarly, no transport was available for going to Allahabad city. (iii) That there was no coolie or police or any kind of assistance available for the passengers at Railway Station, Chhivki. (iv) There was no over -bridge to cross the railway lines from the place, he was forced to get down. (v) That it was a cold evening of the month of January and the complainant was a person aged 72 years travelling alone to Allahabad.

THE Railway Administration has not denied or controverted during the course of arguments, this argument also of the appellant on record, that of 27.1.1995 six sleeper coaches were attached to Kshipra Express from Indore for Allahabad junction especially for Kumbh Mela.

THE District Forum has dismissed the complaint on the ground that the Railway Administration had given intimation about change of route to the news -papers for publication and had made arrangements for announcement on mike at railway station. In this connection we find that there is nothing on record to show that such an information of change of route was published in any of the newspapers circulated at Indore or at the railway stations falling between the Indore and Allahabad for those passengers who were to board the train.

SIMILARLY , there is nothing on record to show that announcements were made by public address system at any of the railway stations stated above. There is nothing on record to show that this information was displayed on the notice board alongwith the reservation chart that Kshipra Express was to change its route via Chhivki and was not going upto Allahabad Railway Station, whereas the passengers were given confirmed ticket for reaching Allahabad Railway Station.

THE Railway Administration filed alongwith their reply an affidavit of Senior Divisional Railway Manager with a photocopy of the telegraphic message sent by DRM, Allahabad to various offices of the Railway and also a copy of news item for publication in newspapers like Dainik Jagran, Swatrantra Bharat, Rashtriya Sahara and Aaj. But there is nothing on record to show as to what action was taken by the DRM, Ratlam or Station Superintendent, Indore to bring it to the notice of the passengers travelling by Kshipra Express that the train was to change its route from Chhivki. Not a single newspaper containing railways news item in this regard circulated at Indore or at Railway Stations falling in between Allahabad and Indore has been filed. The letter dated 6.12.1995 sent by DRM, Allahabad to DRM, Ratlam in connection with reply to be filed before the District Forum also does not clarify the querries raised above as to how the passengers travelling from Indore were intimated the change in the route of the train. This is only a routine letter from DRM, Allahabad to DRM, Ratlam to defend the case of the Railway Administration before the District Forum. Kumbh Mela is an event occurring every 12 years for the last several centuries and during every Kumbh Mela organised whether at Haridwar or Ujjain or Allahabad, preparations for making various kinds of arrangements start more than a year ago and every kind of arrangements, whether connected with law and order or transportation or medical facility or fire -brigade etc. are thought of in several meetings at various level officers and a number of committees are formed at every level. As such the Railway Administration was fully aware of the crowd likely to gather at Allahabad Station during the course of Kumbh Mela and the Railway Administration must have known months ahead, that the situation of diverting the routes of various trains would arise during Kumbh Mela. As such, it was the bounden duty of the Railway Administration to have thought of in advance, the proper procedure to intimate the passengers, of change in route, to avoid inconvenience being caused to the travellers. It was not a question of simple diversion of route. The administration whether railway or any department is fully aware that during such religious Melas the number of old persons and illiterate ladies is much more than that of young and educated persons and, therefore, the Railway Administration should have made proper arrangements for transporting passengers from Chhivki to Allahabad either by train or by buses. If, there is no platform at Chhivki Railway Station proper arrangement for providing facility of getting down from the train should have been made for such persons who are old and infirm. The railway time -table clearly mentions that it is an offence to cross the railway lines. When it is an offence to cross the railway lines, how did the Railway Administration expect the passengers to cross the railway line.

BESIDES this, proper lighting arrangements, arrangement for coolie, police force etc. was essentially required. More so when Railway Administration was well aware that 420 passengers having confirmed reservation in 6 coaches were to get down at Chhivki Station.

AS is evident, the complainant being aged 72 years is a senior citizen. All over the world, not only special provisions are made for senior citizen, even Indian Railway Administration provides for concessional tickets for senior citizens. A person of the age of 72 years usually travels only after he has made arrangements for boarding the train, and for getting down at railway station and for transportation etc. for going to home and in 99% cases arrangements are made to see that a person comes to railway station to receive such an old person. What difficulties such an old man would have faced without the assistance of anybody at a place like Chhivki can very well be imagined in the circumstances explained above. There may not have been wilful neglect of duty on the part of Senior Officers responsible for not providing facilities like proper lighting of platform, coolies, police, transport etc., but there has been atleast lack of planning and want of consideration for inconvenience likely to be caused to the passengers particularly to the senior citizens or disabled persons travelling by these reserved coaches with a feeling of safe and secure journey to the destination. The decision to divert the route must have been taken by atleast a Senior Divisional Officer and the decision of this type required a thoughtful consideration. We know that railway is not a commercial organisation earning money through passenger fares but, still after having charge the fare and having issued the ticket ensuring convenient journey up to destination in a reserved coach, if, railway has failed to provide a convenient journey upto Allahabad Railway Station, this amounts to deficiency in service. Such lapses on the par t of such a huge organisation deserve to be curbed and in such cases compensation awarded serve as a deterrent for the officials responsible for such lapses in future.

WE , therefore, allow the appeal and set aside the order of the District Forum and direct that the Railway Administration shall pay a compensation of Rs. 5,000/ - to the complainant. The complainant also deserves our appreciation for placing this complaint all alone before us. Appeal allowed. __