NATIONAL FORUM FOR CONSUMER EDUCATION, AKOLA vs UNION OF INDIA, DEPTT. OF RAILWAY

THIS appeal arises out of order of Distt. Forum Akola dated 16.12.1993 passed in Complaint No. 131/ 1993. A complaint was made by National Forum for Consumer Education, Akola on behalf of Prakash Gopalrao Pohare alleging the deficiency in the service of Central Railway. Admittedly, the complainant and his wife were travelling by train No. 8029 from Kurla to Akola on confirmed reservation on 18.7.1992. The complainant complained to the railway administration that the toilet of bogie was not clean. On instructions from Asstt. Station Master the sweeper from the railway deptt. came to clean the bogie. The complainant alleged that while sweeper was cleaning the bogie the guard on duty namely M.M. Joseph stopped the sweeper from cleaning and asked him to leave the bogie. Thereupon, the complainant and the passengers requested the guard to allow the sweeper to clean the bogie, as the bogie was dirty. The complainant and the passengers stated that, unless the bogie is cleaned the train will not be allowed to proceed further. The said guard become furious and asked the policeman to bodily throw out the passengers from the train if they pull the chain. Thereupon, the Asstt. Station Master who was present requested to the passengers to allow the train to proceed further and assured them to send a message to Kalyan Station Master to clean the bogie. The complainant alleged that an Igatpuri Railway Station the police approached the compartment in the morning and asked the complainant and his wife to get down from the train, at the instance of Shri Joseph, Guard. The complainant alleged that, the Station Master at Igatpuri however allowed the couple to travel by Geetanjali Express at 9.00 a.m. on the next day morning. The complainant alleged that they suffered the inconvenience and injury because of deficiency in the service of railway deptt, through its employee Shri M.M. Joseph. The complainant alleged that, in the interest of travelling passengers, he had arranged for cleaning the bogie with the help of Asstt. Station Master, Kurla but the guard did not like it and he continued to obstruct the cleaning of the bogie and he was so annoyed that with the help of police the complainant and his wife were detrained at Igatpuri Station and were not allowed to travel on their confirmed reservation. The complainant stated that the high handed act on the part of the guard amounts to deficiency in the service of railway deptt. and therefore had claimed Rs. 10,000/- as compensation. The Distt. Forum by the impugned order held that the complainant proved the allegations in his complaint and allowed the complaint and granted the complainant Rs. 1602/- towards expenses of the travelling. However, the claim of the complainant for grant of compensation for Rs. 10,000/- has been rejected by the Distt. Forum. The present appeal has been filed by the appellant on the grounds that the Distt. Forum having held the deficiency in the service of the central railway deptt. rejected his claim of compensation in view of the facts and circumstances of this case.

WE have heard Shri Gawande for appellant. None appeared for the respondent. Notice was sent by registered post in the name of Union of India through General Manager, Central Railway, V.T., Bombay. The said notice was received in its office on 25.2.1994. The postal acknowledgement duly endorsed by the Central Railway Office at Bombay is placed on record. However, none appeared before this Commission at the time of hearing at Nagpur Camp on 31.3.1994. WE therefore heard Shri Gawande, Advocate for appellant. According to Shri Gawande, the facts alleged by the complainant in his complaint were proved and accepted by the Distt. Forum. It is also contended that the Distt. Forum also held that the Central Railway was deficient in view of the facts and circumstances of this case, and therefore by the impugned order directed the Central Railway to pay Rs. 1602/- towards travelling expenses with Rs. 250/- as costs to the complainant within 1 month. According to Shri Gawande, in view of the aforesaid findings, this is a fit case in which the complainant should have been granted adequate compensation. Shri Gawande however contended that the couple were forced to get down at Igatpuri Station by the Guard with the help of police without any crime. The only crime according to Guard of Central Railway committed by the complainant was that he requested Central Railway Station Master to clean the bogie which was found dirty. In our view, the action on the part of the complainant to request for cleaning the bogie was in the interest of the travelling passengers by no stretch of imagination can be construed as misbehaviour on the part of travelling passengers. The action on the part of the complainant should have been welcomed by the guard and it should not have been made an issue to wrack vengence on the passengers simply because they had made complaint about the dirty maintenance of bogie. We therefore find that there was definitely misbehaviour on the part of the guard inasmuch as he exceeded all the limits of decency and propriety towards the passengers at small hours of night at Igatpuri Station. Hence, in our view, this is a fit case in which the complainant deserves to be granted the compensation for his sufferings. Hence, we are inclined to allow this appeal. The complainant has claimed Rs. 10,000/- towards compensation. But in our view, it will meet the ends of justice if the complainant is granted Rs. 5000/- towards compensation. Hence, we pass the following order: ORDER

Appeal is allowed. While maintaining the findings of the Distt. Forum, we direct the respondent i.e. Central Railway to pay Rs. 5,000/- towards compensation and Rs. 500/- as costs to the complainant. The aforesaid amount be paid to the complainant within 30 days from the receipt of this order, failing which the amount shall carry interest @ 18% p.a. till realisation. While parting with this order, we request the Central Railway to make inquiry about the misbehaviour of Shri M.M. Joseph, Guard and inform this Commission the finding of the inquiry. A copy of this order be sent to the General Manager, Central Railway for information and necessary action. Appeal allowed.